Question

Husband is not entitled to stipulate that his wife does not marry after his death

292

Question

Bismillah, Assalaam Alaykum Shaykh, Can a man put a condition in the marriage contract which stipulates his wife cannot marry after his death? Death such as on the battlefield or by other means? May Allaah reward you with good. Wa'salaam

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The basic principle in Muslim transactions and contracts is validity

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Accepted 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, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.

The husband does not have the right to set a condition that his wife does not get married after his death; and if he did, she is not obliged to fulfill that condition. Such a condition has no valid objective and does not constitute a benefit to either of the two spouses.

Allaah Knows best.

Fatwa

Husband is not entitled to stipulate that his wife does not marry after his death

Question

Answer

Related Fatwa

Guidelines for Marriage

The basic principle in Muslim transactions and contracts is validity

Marrying a woman who does not have a Muslim guardian

What happened to you has no effect on the validity of marriage

Wants to marry a man with whom she communicated and spoke in haram ways

She does not have a guardian for the purpose of marriage; can one who takes care of her marry her off to himself?

Belongs to a Rich Family and Was Proposed for Marriage by Man with Average Financial Condition

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