These fall into two categories: stipulations that invalidate the marriage, of which there is no fixed number, and stipulations that do not invalidate it. The latter fall into three categories: stipulations tied to delegation of the power of divorce or to divorce itself; stipulations tied to remission of part of the dower; and unrestricted stipulations tied to nothing else.

Stipulations tied to delegation of the power of divorce or to divorce itself are binding according to Mālik—may Allah Most High have mercy on him—and all his companions, without disagreement among them.

As for stipulations tied to remission of part of the dower, the remission in exchange for the stipulation must occur either within the marriage contract or after it. If it occurs within the contract, the amount remitted must either form part of the customary dower for a woman of her standing or be an amount exceeding that dower. If the amount remitted within the contract exceeds the customary dower, there is no disagreement that the remission is binding upon the wife and cannot be revoked, while the husband is released from the stipulations and need not fulfil them. This is Ibn al-Qāsim’s position and his narration from Mālik—may Allah Most High have mercy on him.

The second opinion is that the arrangement is binding upon both spouses: if the husband fulfils the stipulation, the remission is valid in his favour; otherwise, it is not. This is Mālik’s view—may Allah Most High have mercy on him—as narrated from him by Ibn Nāfi‘, Ashhab, and ‘Alī ibn Ziyād.

The third opinion is that the arrangement is impermissible and binding upon neither spouse, because it constitutes an invalid exchange. Since the stipulations are not binding upon the husband, the remission is not binding upon the wife. This is Ibn Kinānah’s position and his narration from Mālik. A similar view appears in Ibn Sha‘bān’s Mukhtasar Mā Laysa fī al-Mukhtasar. Success comes from Allah, glorified is He.

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If the remission occurs after the marriage contract, then whether it concerns part of the customary dower or an amount exceeding it, there are two opinions. The first is that the arrangement is binding upon both spouses: if the husband fulfils the stipulations, the remission is valid in his favour; otherwise, it is not. This is Ibn al-Qāsim’s position and his narration from Mālik—may Allah Most High have mercy on him—in al-Mudawwanah. The second is that the arrangement is impermissible and binding upon neither spouse. This is Ibn Kinānah’s position and his narration from Mālik.

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As for unrestricted stipulations, some scholars held them to be binding and judicially enforceable. Ibn Shihāb is reported to have said: “The scholars whom I encountered used to enforce them judicially, on account of the saying of the Messenger of Allah, peace and blessings be upon him: