Stipulating wife serves in-laws in return for husband's monogamy

8-10-2017 | IslamWeb

Question:

Assalaamu alaykum. We know that men have the right to marry a second wife even if the first wife does not agree. She also does not have the right to object to it ask adivorce for it as long as the man is just. On the other hand, women are not obliged to live with or serve their in-laws. Now, can a man agree with a woman either before or after marriage that if she lives with and serves his mom and dad, he will forego his right of practising polygamy? Are these types of agreement halal? Are both parties bound by it once they agreed upon it?

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Answer:

All perfect praise be to Allah, the Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad is His slave and Messenger.

We have not come across any statement of the jurists regarding the situation which you asked about and whether or not such a condition is valid, but they stated a situation which may be of the same meaning.

The Hanbali book of Fiqh Ar-Rawdh al-Murbi’ Sharh Zaad al-Mustaqni’ reads, “If he (the husband) marries her (a woman) and says to her, ‘If I take another wife, I give you two thousand (as dowry), and if I do not take another wife, I give you one thousand,’ then the marriage is valid with the mentioned dowry, because the absence of a co-wife is one of the most coveted objectives of a woman...”

There is a narration by Imam Ahmad that forbids this situation, and it says that the mentioned dowry is invalid because the matter involves ignorance (of the compensation).

This ignorance is confirmed with regard to the wife serving her husband's parents. Therefore, it is more appropriate to avoid this condition between the spouses in order to avoid the difference of opinion of scholars.

Allah knows best.