Stipulating a refusal to have children in a marriage contract
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Question
Can a prospective wife put a condition on before she gets married as to how many kids she can have in a marriage contract - or try to make a verbal agreement as regard to this. Can a husband divorce his wife if she refuses to have any more children where there is no harm to her health and well being.Answer
In the Name of Allah, Most Merciful & Compassionate
Such a condition would be considered to be a promise. It would not have the legal weight of a ‘condition’.
As for divorce in the situation mentioned, the way of the sunna of the Messenger of Allah (peace and blessings be upon him) is to resolve such matters through discussion rather than dispute or destructive behaviour.
Faraz Rabbani.
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This answer was published by SunniPath and is preserved as written. Rulings can depend on circumstances; for your own situation, consult a qualified scholar.
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