Void conditions in the marriage contract
16-12-2012 | IslamWeb
Question:
Before getting the 2nd wife; If I put condition to the lady ( 2nd wife ) and her guardian that I can not provide her equal time and financial facilities what I am giving to my 1st wife now (as she is sick and having 3 children ) and then the 2nd wife and her guardian are agreed with this condition and marriage is happened. It is worth to mention here that my 2nd wife is virgin and her age is much lesser than my 1st wife. Also, social and financial status of my 2nd wife is much lesser than my 1st wife as well. Hence, my questions are; 1) Is this marraige is valid ? 2) Such type of pre-condition is allowed in Islamic marraige? 3) Is it necessary that I have to provide financial facilities to my 2nd wife as per their social status at least ?
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.
If a husband stipulates a condition upon his second wife not to give her equal rights as his first wife in regard to spending on her and staying overnight with her, this condition contradicts the purpose of the contract; hence the condition is void but the contract itself is valid.
Ibn Qudaamah 
wrote in his book Al-Mughni when mentioning the conditions in the marriage contract: “The second type: The matters that make the condition void but the contract remains valid, like if he stipulates that he does not give her a dowry, or will not spend on her, or that if he had already given her the dowry, he takes it back from her, or that she stipulates that she will not have sexual intercourse with him, or to practice coitus interruptus with her (ejaculating outside her vagina in order to avoid pregnancy), or to spend the night with her when it is the turn of his other wife, or give her more share (in staying overnight with her) than hers, then all these conditions are void in themselves as they contradict the purpose of the contract; and because they involve renouncing the rights that are binding by the contract before even conducting the contract, so such conditions are not valid,…however, the contract in itself is valid.”
Here, it should be noted that if the husband gives his second wife what is sufficient for her regarding spending on her, then it is permissible for him to favour the other wife with something additional even if she is not in need, and if she has a need, he may do so with greater reason; for more benefit, please refer to Fataawa 21141 and 88693.
What should be taken into account in spending is the situation of both spouses in respect to whether they are well off or insolvent according to the preponderant opinion of the jurists 
.
So, what is required of you is to spend on your second wife according to what suffices her and according to your ability. Allaah Says (what means): {Let a man of wealth spend from his wealth, and he whose provision is restricted — let him spend from what Allaah has given him. Allaah does not charge a soul except [according to] what He has given it. Allaah will bring about, after hardship, ease [i.e. relief].}[Quran 65:7]
Allaah Knows best.