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Fatwa CenterIt is not permissible to condition not to have sexual intercourse in the marriage contract
Question
Is it permissible for a woman to set a condition for her husband not to have sexual intercourse with her?
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 is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.
It is not permissible for a woman or her guardian to set a condition for the future husband not to have sexual intercourse with her as this condition is contrary to the purpose of the contract. There is no difference of opinion among the scholars
on this, but they just differed in relation to this condition rendering the contract void. Some of them are of the view that both the condition and the contract are void; whereas some others are of the view that the condition is void while the contract remains valid; this is the view of the
That is because the condition is additional information in the contract, so it is not a must to mention it in the contract and if it is not mentioned it does not affect the contract and does not render it void. For example, the marriage is valid even if the compensation is not known, then it is permissible to conduct the marriage contract with a void condition. This is the view of Ibn Qudaamah
from the Hanbali school, on the issue.
Allaah Knows best.
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