Is It Permissible for a Woman to Condition in the Marriage Contract That Her Husband Will Not Marry Another Woman?
Question
Is it permissible or correct for a woman to put a condition that her husband will not marry another woman in her marriage contract? Is such a condition valid in Islam?
Answer
Alhamdulillah, wassalatu wassalamu ala rasulillah, wa ala alihi wa sahbihi ajmain.
- The Shar‘i Context
Marriage in Islam is a solemn contract (aqd nikah) based on mutual rights and responsibilities. Islam permits a man, under certain conditions, to marry up to four wives, as Allah says:
“Marry women of your choice, two or three or four; but if you fear that you cannot deal justly, then only one.” (Surat al Nisa 4:3)
While polygyny is allowed, it is not an obligation, and both parties may include lawful conditions in their marriage contract. The Prophet (peace be upon him) said:
“The most deserving of conditions to be fulfilled are those by which you made the private parts lawful.” (Bukhari, Muslim)
This means that any condition agreed upon at the time of marriage, as long as it does not contradict the Qur’an and Sunnah, should be respected.
- Opinions of the Four Madhahib
According to the Hanbali and Maliki schools, it is permissible and binding for a woman to include a condition in her marriage contract that her husband will not take another wife. If the husband agrees to this condition, he is obliged to fulfill it.
Ibn Qudamah (rahimahullah) said:
“If he stipulates for her that he will not take her out of her home or city, or that he will not travel with her, or that he will not marry another woman, then he must fulfill that condition. If he does not, she has the right to annul the marriage. This was reported from Umar, Sa‘d ibn Abi Waqqas, and Amr ibn al-‘As (may Allah be pleased with them).”
(Al-Mughni 9/483)
This shows that such a condition is valid and enforceable in Islam according to these madhhabs. The rationale is that the husband voluntarily accepts a limitation upon himself at the time of the contract, and the Shariah obliges him to honor it.
- Application to the Question
If a woman requests this condition before marriage and the husband agrees, it is Islamically acceptable to include it in the contract. The contract remains valid, and the condition is recognized as part of the agreement between them.
However, if he later decides to marry another woman despite the condition, although polygyny itself is permissible, his action would be a breach of contract. The wife then has the right, according to the Hanbali and Maliki positions, to seek annulment (faskh) of the marriage through a qualified Islamic authority.
- Relevant Usul Principle
المؤمنون عند شروطهم
Believers are bound by their conditions.
This principle emphasizes the sanctity of lawful agreements. Since marriage is a contract of mutual rights, any condition that does not contradict the Qur’an or Sunnah must be fulfilled once accepted.
- Practical Guidance
It is permissible for the bride to stipulate that her husband will not take another wife.
If he violates the condition, the wife has the right to seek annulment according to the Hanbali and Maliki rulings.
Such conditions should be clearly stated and written in the marriage contract to prevent disputes.
Final Ruling:
It is permissible for a woman to include a condition in her marriage contract that her husband will not marry another woman. According to the Hanbali and Maliki madhhabs, if the husband accepts this condition, he is required to uphold it, and if he breaks it, the wife has the right to seek annulment based on the precedent of the Companions and the statement of Ibn Qudamah in Al-Mughni (9/483).
And Allah knows best.