❖ Shar‘i Ruling on Conditional Clauses Based on Financial Ability in Nikāḥ ❖
Source: Fatāwā ʿIlmiyyah, Volume 3, Chapter: Issues of Nikāḥ and Ṭalāq, Page 160
Respected scholars are requested to clarify:
If a man intends to give twenty thousand rupees as mahr at the time of marriage, and the girl’s family adds a condition that after marriage, when Allah grants financial ability, he will give his wife five tolas of gold, then is such a condition permissible according to the Qur’an and Sunnah?
Kindly provide a detailed answer.
— Muḥammad Nasīm Salafī, Peshawar
الحمد لله، والصلاة والسلام علىٰ رسول الله، أما بعد!
This issue is clarified in light of the Qur’an and authentic Sunnah as follows:
﴿قَالَ إِنِّي أُرِيدُ أَنْ أُنكِحَكَ إِحْدَى ابْنَتَيَّ هَاتَيْنِ عَلَىٰ أَنْ تَأْجُرَنِي ثَمَانِيَ حِجَجٍ﴾
He said, “I intend to marry one of these two daughters of mine to you, on the condition that you serve me for eight years.”
This verse clearly shows that the guardian of the woman has the right to place a condition in the marriage contract.
﴿وَلَا جُنَاحَ عَلَيْكُمْ فِيمَا تَرَاضَيْتُم بِهِ مِن بَعْدِ الْفَرِيضَةِ﴾
There is no sin upon you in what you mutually agree upon after the fixed mahr.
This verse indicates that after the mahr is determined, if husband and wife mutually agree on any additional condition, it is permissible.
"إن أحق الشروط أن توفوا به ما استحللتم به الفروج"
The most deserving conditions to be fulfilled are those which make private parts lawful (i.e., those made at the time of marriage).
Ṣaḥīḥ al-Bukhārī (Ḥadīth 5151) – Bāb al-Shurūṭ fī al-Nikāḥ
This authentic ḥadīth highlights the obligation to honor valid conditions set at the time of marriage.
Imām al-Bukhārī also placed this ḥadīth under the chapter heading of "Conditions in Marriage", which signifies his scholarly position that valid conditions made during marriage are binding under Sharīʿah.
The condition mentioned in the question —
That in addition to giving a mahr of twenty thousand rupees, the husband will, when Allah grants him ability, provide five tolas of gold —
is, to the best of my knowledge, not in conflict with any Qur'anic verse nor with any authentic ḥadīth.
Therefore, this condition is valid, permissible, and Sharʿi compliant.
Whether the man, his family, or his associates agree to such a condition is a separate matter. If they do not accept, the marriage may not proceed.
Hence, it is best that both parties reach an agreement through mutual consultation, as this is the path of goodness and blessings.
(Dated: 4 April 2011)
وما علينا إلا البلاغ
هٰذا ما عندي، والله أعلم بالصواب
Source: Fatāwā ʿIlmiyyah, Volume 3, Chapter: Issues of Nikāḥ and Ṭalāq, Page 160
❀ Question:
Respected scholars are requested to clarify:
If a man intends to give twenty thousand rupees as mahr at the time of marriage, and the girl’s family adds a condition that after marriage, when Allah grants financial ability, he will give his wife five tolas of gold, then is such a condition permissible according to the Qur’an and Sunnah?
Kindly provide a detailed answer.
— Muḥammad Nasīm Salafī, Peshawar
✔ Answer:
الحمد لله، والصلاة والسلام علىٰ رسول الله، أما بعد!
This issue is clarified in light of the Qur’an and authentic Sunnah as follows:
❖ ① Evidence from the Qur’an:
◈ Surah al-Qaṣaṣ (28:27):
﴿قَالَ إِنِّي أُرِيدُ أَنْ أُنكِحَكَ إِحْدَى ابْنَتَيَّ هَاتَيْنِ عَلَىٰ أَنْ تَأْجُرَنِي ثَمَانِيَ حِجَجٍ﴾
He said, “I intend to marry one of these two daughters of mine to you, on the condition that you serve me for eight years.”
This verse clearly shows that the guardian of the woman has the right to place a condition in the marriage contract.
◈ Surah al-Nisāʾ (4:24):
﴿وَلَا جُنَاحَ عَلَيْكُمْ فِيمَا تَرَاضَيْتُم بِهِ مِن بَعْدِ الْفَرِيضَةِ﴾
There is no sin upon you in what you mutually agree upon after the fixed mahr.
This verse indicates that after the mahr is determined, if husband and wife mutually agree on any additional condition, it is permissible.
❖ ② Evidence from the Sunnah:
◈ Ḥadīth of the Prophet ﷺ:
"إن أحق الشروط أن توفوا به ما استحللتم به الفروج"
The most deserving conditions to be fulfilled are those which make private parts lawful (i.e., those made at the time of marriage).
Ṣaḥīḥ al-Bukhārī (Ḥadīth 5151) – Bāb al-Shurūṭ fī al-NikāḥThis authentic ḥadīth highlights the obligation to honor valid conditions set at the time of marriage.
Imām al-Bukhārī also placed this ḥadīth under the chapter heading of "Conditions in Marriage", which signifies his scholarly position that valid conditions made during marriage are binding under Sharīʿah.
❖ Sharʿi Ruling:
The condition mentioned in the question —
That in addition to giving a mahr of twenty thousand rupees, the husband will, when Allah grants him ability, provide five tolas of gold —
is, to the best of my knowledge, not in conflict with any Qur'anic verse nor with any authentic ḥadīth.
Therefore, this condition is valid, permissible, and Sharʿi compliant.
A Practical Note:
Whether the man, his family, or his associates agree to such a condition is a separate matter. If they do not accept, the marriage may not proceed.
Hence, it is best that both parties reach an agreement through mutual consultation, as this is the path of goodness and blessings.
(Dated: 4 April 2011)وما علينا إلا البلاغ
هٰذا ما عندي، والله أعلم بالصواب
