What is the ruling on a marriage contract containing a stipulation that the husband must divorce the wife at a specified time, whether known or unknown?
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
Such a marriage is void because the stipulation prevents the continuation of the marriage, thus resembling *Nikah al-Mut'ah*. This is the ruling unless the stipulation is made by the husband upon himself without being a condition of the contract's validity, such as stipulating not to take another wife.
Supporting text
Abu Hanifa and one opinion of Al-Shafi'i hold that the marriage contract is valid, but the condition imposed upon himself is void, as the marriage occurred absolutely, and a self-imposed condition does not affect it.