Wa `alaykum as-salam wa rahamatullah wa barakatuh

 

It is obligatory to fulfill conditions stipulated in all contracts. According to the Qur’an, “O you who have believed, fulfill [all] contracts.” (Al-Ma`idah 4:1)

 

Conditions which are included in marriage contracts are more worthy to be fulfilled. `Uqbah bin `Amir reported the Messenger of Allah (peace be upon him) as saying “The condition worthier to be fulfilled by you is the one by which you made the private parts (of your wife) lawful (for you). (Al-Bukhari).

 

Therefore, if a wife makes the conditions that her husband must not get married to a second wife, he must fulfill this condition. Otherwise she may be divorced.

 

There are, however, conditions which cannot be stipulated in contracts simply because they violate some of the husband’s unavoidable rights. An example of those conditions is when a wife stipulates that her husband cannot have sexual relations with her or her husband is not allowed to divorce her. The Prophet (peace be upon him said) said: “What is the matter with people who stipulate conditions that are not in the Book of Allah? Whoever stipulates something that is not in the Book of Allah, it is not valid even if he stipulates one hundred conditions? The condition of Allah is more deserving of being followed and is more hinting.” (AL-Bukhari).

 

The Meaning of this hadith is that people cannot put conditions which are not allowed to put. Supposedly when a husband does not commit to any of the conditions he put on himself, he must divorce his wife. In a lot cases, divorce is a mercy from Allah and a solution for ensuing problems.