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

25-4-2014 | IslamWeb

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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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.