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Old 08-16-2011, 03:22 AM   #17
NudiJuicervich

Join Date
Nov 2005
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570
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Yes you can stipulate whatever you want as also mentioned by Ml. Thanwi in al-hilat al-najiza. And as Mawlana Thanwi stated, it can sometimes even be recommended if the husband refuses to give a divorce.

If the husband refuses than only a judge or a council can annul the contract, which Mawlana discusses in his book. Therefore he recommends delegating one divorce [tafwid al-talaq] to the wife’s party. If this would be done during the marriage contract, many problems would solve that may occur later on he says.

However, he does say it is betetr to stipulate exceptions to this condition. Like stating that together with the wife, 2 other persons should also agree with her divorce. In order to avoid any hasty decisions by the wife.

See: Ashraf Ali Thanwi, Hilat Najiza, (Karachi: Dar al-Isha‘at 1987) p. 33, 148.
Assalamu alaikum,

Brother Straightpath was asking if you can have the following condition "if you marry another wife then I will have the right to divorce". To this you (Br. Ansari) replied you can stipulate anything. However I don't believe you can stipulate things like "if this happens then that will happen".
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