Is a stipulation valid if the wife demands the husband divorce his co-wife?
General Chapter
Al-Mughni
Book of Marriage
Primary text
A stipulation by a wife demanding that her husband divorce his co-wife is invalid. Evidence for this is the hadith where the Prophet (peace be upon him) forbade a woman from asking for the divorce of her sister (co-wife). This prohibition implies the invalidity of the act. Furthermore, this condition seeks the dissolution of a valid contract and nullifies the husband's right and the right of his other wife, which is impermissible, similar to a stipulation to annul a sale.
Supporting text
Abu al-Khattab held that this condition is binding because it does not contradict the marriage contract and offers a benefit to the wife, thus resembling the condition that the husband not take another wife.