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Last Updated:
2013/05/15
Summary of question
Is it permissible for a woman and her husband to stipulate in the marriage contract that the man should seek his wife’s permission when he wants to leave their house? Is such a condition put in the marriage contract binding?
question
My question is related to marriage. I know that in Islamic Shari\'a the husband has the right to tell his wife not to leave the house and she has to obey that, or she has to ask him for permission if she wants to leave the house. The question is: The husband and the wife write down conditions during the marriage agreement. Does the woman have the right to say that she wants the same right and that if the husband wants to leave the house and she says no, he has to obey her? Can you write down something like that in the marriage-agreement?
Concise answer
Putting such a condition in the marriage contract would be permissible and there would not be problem in the condition insofar as it is not irrational. If such a condition is placed in the marriage contract, it is necessary for the man, as per the Islamic law, to abide by it.
Indexes:
Some grand religious authorities’ answers to this question are as under:[1]
Grand Ayatollah Khamenei (may Allah grant him long life):
There is no problem in it.
Grand Ayatollah Sistani (may Allah grant him long life):
A woman can stipulate as a part of the marriage contract that her husband may not leave the house without his permission.
Grand Ayatollah Makarem Shirazi (may Allah grant him long life):
If the condition is rational, that is to say they put certain conditions in the marriage contract as per which leaving the house is in the disinterest of the man and in the interest of the woman, there is no problem in it; otherwise it is not permissible.
Ayatollah Hadavi Tehrani (may Allah grant him long life):
If such a condition is put in the marriage contract, it is necessary, as per the Islamic law, for the man to act upon the condition.
Indexes:
Some grand religious authorities’ answers to this question are as under:[1]
Grand Ayatollah Khamenei (may Allah grant him long life):
There is no problem in it.
Grand Ayatollah Sistani (may Allah grant him long life):
A woman can stipulate as a part of the marriage contract that her husband may not leave the house without his permission.
Grand Ayatollah Makarem Shirazi (may Allah grant him long life):
If the condition is rational, that is to say they put certain conditions in the marriage contract as per which leaving the house is in the disinterest of the man and in the interest of the woman, there is no problem in it; otherwise it is not permissible.
Ayatollah Hadavi Tehrani (may Allah grant him long life):
If such a condition is put in the marriage contract, it is necessary, as per the Islamic law, for the man to act upon the condition.
[1] The question has been sent by IslamQuest website to the offices of the grand Ayatollah Khamenei, Ayatollah Sistani and Ayatollah Makarem Shirazi – may Allah grant them long life.
Question translations in other languages
: آیا زن و شوهر میتوانند در حین عقد، این شرط را قید کنند که زن هم حق دارد، اگر شوهرش خواست از خانه بیرون برود از او اجازه بگیرد؟ و اگر اجازه نداد، شوهر باید اطاعت کند؟
7600
احکام و شرایط ازدواج
2013/03/17
قرار دادن چنین شرطی در ازدواج – اگر خلاف عقل جمعی به شمار نیاید- اشکال ندارد و اگر شرط شود، عمل به آن بر مرد شرعاً واجب است.
ضمائم:
پاسخ مراجع عظام تقلید نسبت به این سؤال، چنین است:
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