What is the ruling on stipulations that terminate or suspend the marriage contract, such as temporary marriage or setting a time for divorce?
General Chapter
Al-Mughni
Book of Marriage
Primary text
Stipulations that terminate the marriage contract from its origin—such as agreeing upon a fixed time limit (constituting *Nikah al-Mut'ah*), stipulating divorce at a specific time, or suspending the contract upon a condition (e.g., "I marry you if her mother agrees" or giving the option of dissolution (*khiyar*) to either party—are void conditions that nullify the marriage contract itself. This also applies to *Shighar* marriage, where the dower is exchanged for the marriage of another woman.
Supporting text
Regarding the stipulation of option (*khiyar*) related to the fulfillment of the dower (e.g., "If he does not bring the dower by time X, there is no marriage"), there are two views. One holds that the condition is void but the contract is valid. The second view asserts that the contract is void from the beginning because marriage must be binding and not contingent upon a suspensory condition.