What is the ruling on stipulations that negate essential rights arising from the marriage contract, such as the dowry or maintenance?
General Chapter
Al-Mughni
Book of Marriage
Primary text
Stipulations such as agreeing that there will be no dower (*mahr*), no maintenance (*nafaqah*), or that any dower given will be returned by the wife, or that the husband will abstain from intercourse, or refrain from equitable division of nights with other wives, or that the wife must spend on the husband, are void. These conditions contradict the necessary consequences (*muqtada*) of the contract, as they involve forfeiting rights established by the contract before its inception. However, the marriage contract itself remains valid because these void conditions pertain to extraneous matters whose absence does not invalidate the core agreement, similar to specifying a forbidden dower or a situation where the dower is unknown.
Supporting text
Some narrations from Ahmad suggest that in certain cases, such as stipulations regarding the scheduling of conjugal visits (*nahariyat* or *layaliyyat*), the marriage contract itself might be invalidated due to concerns regarding secrecy or contradiction of the primary objective of marriage, although the prevalent view is that the contract remains valid while the specific condition is void, and the wife retains the right to demand what is due unless she willingly accepts the condition.