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Marriage with preconditions - if he decides to resettle back to India or other country then the marriage would need to be annulled or he should give her divorce

Fatwa 5388English
Marriage & DivorceMarriage (Nikah)

Question

Assalamu alaikum Dear Respected Shaikh A brother of mine who has recently moved to UK has got a marriage proposal from a British Indian family who is very religious. However the bride and her father has laid down the condition that the groom will settle in UK and if ever he decides to resettle back to India or other country then the marriage would need to be annulled or he should give her divorce. We are not sure if a marriage with such a precondition is valid according to Islam and would like your verdict on going ahead with this proposal.

Answer

The stipulation of such a condition will be regarded as null. The Nikaah will be valid but the condition will have no effect on the Nikaah. (Mashroot Nikaah - Qazi Mujaahidul Islaam 64/65 )

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai

Answered by
Mufti Ebrahim Desai
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