The ruling on a woman conditioning on her husband to own a house

23-3-2006 | IslamWeb

Question:

I proposed to marry a divorced woman but there was one obstacle which was that she conditioned that I should own a house so that she would secure her future. I do not have enough money to buy a house; if I could I would have done so, so what is the religious ruling on this?

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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.

 

Marital life is based on affection, mercy, tolerance and understanding, and the husband is obliged to provide his wife with shelter according to the customs of the country and the situation of both spouses, like spending on her and clothing her, even if this was not conditioned in the marriage contract.

Nonetheless, if the wife conditions the husband to own a house, then this condition is not required in the marriage contract, but it does not invalidate it, so it is only desirable for you to fulfil this condition but you are not obliged. Shaikh Eleesh from the Maliki school, said about conditions in marriage contracts: 'Or that the condition is not required but it does not invalidate the contract, like the condition not to marry another woman, as this is disliked because it is intolerance but it is desirable to fulfil it.' 

Allaah Knows best.