❖ Sharʿī Ruling on the Condition of Not Taking a Second Wife in Nikāḥ
Source: Fatāwā Arkān-e-Islām
◈ Nikāḥ as a Contract
◈ Nikāḥ in Islam is a Sharʿī contract based on principles governing mutual life between husband and wife.
◈ Sharīʿah permits both parties to include mutually agreed conditions, as long as those conditions do not contradict Islamic principles.
① The Condition: No Second Marriage
◈ Sometimes, the bride or her family may stipulate at the time of nikāḥ that the husband will not marry a second woman during her lifetime.
◈ If the groom agrees to this condition, then according to Islamic law, he is bound by it.
◈ This condition is not against Sharīʿah, because a second marriage is permissible (mubāḥ), not obligatory (farḍ).
② Sharʿī Status of the Condition: Permissible or Not?
Sharīʿah views conditions in two categories:
1. Declaring Ḥalāl as Ḥarām – Invalid Condition
◈ If a condition permanently prohibits something that Allah has made ḥalāl, such a condition is invalid and impermissible.
◈ Example: The Prophet ﷺ once made ḥoney ḥarām on himself to please his wives. Allah ﷻ revealed:
﴿يَا أَيُّهَا النَّبِيُّ لِمَ تُحَرِّمُ مَا أَحَلَّ اللَّهُ لَكَ﴾
(Al-Taḥrīm: 1)
“O Prophet! Why do you prohibit what Allah has made lawful for you, seeking to please your wives?”
This verse shows it is not allowed to make ḥalāl things ḥarām, either through conditions, oaths, or mutual agreements.2. Conditional Limitation Based on Love or Honor – Valid Condition
◈ If the condition involves a permissible act (mubāḥ), and is set out of mutual respect, love, or concern, for a limited scope or duration, then such a condition is permissible.
◈ Example: ʿAlī رضي الله عنه intended to marry Abū Jahl’s daughter while Fāṭimah رضي الله عنها was already his wife. The Prophet ﷺ responded:
“Indeed, Fāṭimah is part of me, and I fear that she may be tried in her religion. I do not make the ḥalāl ḥarām, nor the ḥarām ḥalāl, but by Allah, the daughter of the Messenger of Allah and the daughter of the enemy of Allah will not be together.”
(Ṣaḥīḥ al-Bukhārī: 3109)
This shows the Prophet ﷺ did not forbid second marriage outright, but discouraged it out of concern and love for Fāṭimah رضي الله عنها.✔ Conclusion
➊ If a wife stipulates at the time of nikāḥ that her husband will not marry another woman during her lifetime, and the husband accepts this condition:
✔ The condition is valid and enforceable.
➋ This condition does not amount to declaring ḥalāl as ḥarām,
✔ Rather, it is a conditional, emotional, and respectful understanding within the bounds of Islamic law.
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