Home
Discover Islam
Quran Recitations
Lectures
Fatwa
Articles
Fiqh
E-Books
Women
Boys & Girls 
Enter Question
View By Subject
Fatwa Of The Week
Selected Fatwa
Fatwa CenterMarrying a woman on condition that she waives some of her rights
Question
I am leading a happy marital life with my faithful and pious wife. I do not need to marry another woman. But if I married a spinster, divorcee or widow out of sympathy and compassion, is it permissible to make a condition that she waives her right in just treatment regarding some matters, including clothing, adornment and overnight stay? I will treat her justly regarding the distribution of home tasks, inheritance, having children, food and drink as well as not charging her beyond her capacity.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
Allaah The Almighty Permitted the Muslim to marry more than one woman simultaneously; up to four, provided that he treats them justly. Allaah The Almighty Says (what means): {Marry those that please you of [other] women, two or three or four. But if you fear that you will not be just, then [marry only] one.} [Quran 4: 3]
Just treatment is due regarding overnight stay, food, drink, clothing, housing and adornment.
If the woman willingly agreed to waive some of these rights, the husband would be blameless for depriving her of such rights. Nevertheless, she is entitled to demand her right in just treatment in all things whenever she wants.
In Al-Insaaf, Al-Mardaawi 
stated, “The wife is permitted to waive her right in overnight stay, maintenance, and so on, so that her husband keeps her as a wife. Nevertheless, she is entitled to demand it again, for her right is renewable.”
It is stated in Al-Mudawwanah, “It was said to Maalik, ‘What if the woman waived some of her rights and then demanded them later?’ ‘She is entitled to this and whenever she demands them, he (the husband) either justly treats her or divorces her,’ Maalik replied.”
In Al-Umm, Ash-Shaafi‘i said, “If she willingly gave up her right in just distribution of overnight stay and he stayed with another wife for days and then she demanded him to treat her justly, he should resume just treatment and he is blameless for the past period.”
In Badaa’i' As-Sanaa’i', Al-Kaasaani said, “When one of the wives gives up her right in overnight stay to another wife or waives it, this is permissible because it is her right … If she withdrew her words and demanded just distribution of overnight stay again, she is entitled to this.”
Consequently, it is invalid to make a condition that you will not treat your wife justly in these matters mentioned in the question. Nevertheless, if the woman willingly agreed to waive her rights, this would be permissible and you would be blameless for the unjust treatment. When she demands her right in just treatment regarding these rights, you should either respond or divorce her.
We want to draw your attention to the fact that you are not entitled to give or prevent her from her share in inheritance because she is entitled to this right in principle. If she waived her share before your death, this is not binding because she waived a right before its due time.
Allaah Knows best.
Search Fatwa
Fatwa Subject
