The World Federation One Stop Fiqh
Search
Menu

Ask an Alim

Can I put a condition in our Nikkah contract about divorce…

Q:

The guy that I want to marry has a bad temper and anger issues. When he gets mad he says just about anything that he can think of at that moment to get his anger out. I ask him to control his anger but he doesn’t change, it’s just his nature. Our marriage is in a few months. I am afraid that once we’re officially married, if he gets angry and doesn’t control his tongue during his outburst, then he will just utter the words of divorce and then regret it later. So in this case I want to know that if I speak to him about putting a clause in the nikkah contract about him not having the right to give a divorce by tongue, is that permissible and allowed according to Islam ? I would just want to save our marriage and not have him say something in anger that will make both of us suffer.

A:

Al-Salam Alaykum
Thank you for your question.

Islam has condition(s) on divorce. It is not like whenever one utters some words and end the marital bound.  About this condition, however, I think you have to think twice and talk to him. living with somebody who can not control his anger would be difficult unless he have the intention of solving his issue and bettering himself.

Making or keeping  a condition for the divorce in a Nikah clause is permissible. However, you can not take his right  to divorce totally.

You can further read on divorce on the follwing link:

www.fiqh.world-federation.org/rulings/marriage-and-divorce/29-divorce/

hope this helps.
Sayyid Madani.