for a dower that she cannot receive because it is unlawful or rightfully belongs to someone else. If she wishes to accept him as her husband with a different dower, she may do so; if she wishes to leave him, she has that right. Until she consents, the marriage is not binding.

He—may Allah have mercy on him—was asked:

A man married a woman on the stipulation that he would neither marry another woman alongside her nor move her from her home. She also had a daughter, and it was stipulated that the daughter would remain with her mother and him, without being removed. He entered the marriage on all these terms. Must he fulfil them? If he breaches any of these stipulations, does the wife have the right to annul the marriage?

He replied:

Praise be to Allah. Yes, these stipulations and others of the same kind are valid according to the school of Imam Ahmad and others among the Companions, the Successors, and their followers, such as ʿUmar ibn al-Khattāb and ʿAmr ibn al-ʿĀs—may Allah be pleased with them both—as well as Shurayh the judge, al-Awzāʿī, and Ishāq. Hence, old marriage deeds from the Maghrib, dating from when its people followed the school of al-Awzāʿī, can still be found today containing these stipulations.

According to Mālik’s school, if it is stipulated that, should he marry another woman or take a concubine, the decision concerning her marriage will rest with her, or something similar, this stipulation is also valid, and she thereby acquires the right to end the marriage. In substance, this is similar to Ahmad’s position on the matter, on account of the hadith recorded in both Sahīh collections, in which the Prophet, may Allah bless him and grant him peace, said:

“The stipulations most deserving of fulfilment are those by which marital intimacy has become lawful for you.”

ʿUmar ibn al-Khattāb said: “Rights are determined by the stipulations.”