that stipulated conditions have a claim to fulfillment, and that conditions attached to marriage have a greater claim to fulfillment than others.

Al-Bukhārī narrated from Abū Hurayra—may Allah be pleased with him—that the Prophet—may Allah bless him and grant him peace—said: “Allah Most High said: ‘There are three whose adversary I shall be on the Day of Resurrection: a man who gave his pledge in My name and then betrayed it; a man who sold a free person and consumed the price; and a man who hired a laborer, received the full benefit of his work, and did not pay him his wages.’” Thus, He condemned the traitor, and anyone who agrees to a condition and then violates it has acted treacherously.

The Book and the Sunnah therefore command the fulfillment of pledges, conditions, covenants, and contracts, the discharge of trusts, and due observance of all these. They forbid treachery, the violation of covenants, and betrayal, and issue stern warnings against anyone who commits such acts.

For, were the governing presumption regarding them prohibition and invalidity except where the Sacred Law permits them, it would not be valid to command that they be honored without qualification or to condemn without qualification anyone who violated and betrayed them. Likewise, since the governing presumption concerning the taking of a life is prohibition except where the Sacred Law permits or requires it, one cannot issue an unqualified command to kill and construe it as referring only to permissible killing. This differs from acts whose category is itself obligatory, such as prayer and zakat, for these may be commanded without qualification. Even so, they have conditions and impediments: prayer without ritual purity is prohibited, as is giving charity in a manner that harms oneself, and other such acts. Similarly, truthfulness in speech is commanded, although it may sometimes become forbidden because of an incidental consideration, in which case silence or indirect speech becomes obligatory.

Since fulfillment and due observance of covenants are commanded as a category, it follows that the governing presumption is the validity of contracts and conditions. Deeming something valid means nothing other than that its legal effects ensue and its intended purpose is realized. The purpose of a contract is its fulfillment. Since the Lawgiver has commanded the fulfillment that covenants are intended to secure, this indicates that the governing presumption concerning them is validity and permissibility.

Abū Dāwūd and al-Dāraqutnī narrated from a hadith of Sulaymān ibn Bilāl,