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Validity Of The "No Polygamy" Clause In Marriage Contracts
Aoa, I wanted to know about the validity of a specific clause some brides stipulate in their marriage contracts that forbids polygamy for her husband. I’ve read about this clause in some madhabs. Some madhabs say it’s completely invalid. Others state that the right to divorce is transferred to the wife. It didn’t quite make sense to me because something that’s permissible in Islam, how can we forbid it? And another thing is how is the right of divorce automatically transferred to the wife in case the husband chooses to engage in polygamy. How can the wife secure monogamy in Islam if this clause isn’t valid? I mean this way she will never be able to trust her man. He can go behind her back and suddenly marry anyone without any legal repercussions.
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7 Replies
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Validity Of The "No Polygamy" Clause In Marriage Contracts
updated 2 years, 8 months ago
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Brother, she is not taking her right. He is giving up his right. It’s not obligatory just permissible to marry more than 1 woman.
A woman can give a cause like ‘I want to stay nearby my parents if you ask me to shift far away she can ask for divorce’. Now it’s his right he can shift anywhere. But she can ask for divorce.
And when a man promise he should try his best to fulfill promise. Breaking promise/deceive is a major sin in Islam.
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I know she can ask for divorce. She can ask for divorce for any reason. What I’m trying to ask is by prohibiting polygamy isn’t it making halal haram? And if he gives up on the right to have four wives than later on he marries another women is the marriage adultery? The marriage is still valid right ?Or does not practicing polygamy count as keeping a legal promise he made in the contract? Does violation of agreement have legal repercussions under Islamic law. I would like to get a proper answer regarding this topic under the light of Quran.
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If he marries another woman even after contract then both marriage are valid. But if the first wife want she can easily go for divorce without returning meher. If she does not choose divorce then all can stay together.
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I’ve listened to Javed Ghamidi’s lectures on whether the meher is supposed to be returned or not. The wife gets take the meher with herself regardless of who’s fault it is in the marriage or who initiates divorce.
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If a woman initiate a divorce without any valid reason then how she can keep the meher.
In a famous Hadith where a woman will say there is nothing wrong in my husband but if I stay with him I may commit kufr. So, prophet asked will you return him the garden he gave you. She said yes. Then divorce happened.
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Can you tell me what’s a valid reason and what’s not? Because this is something very subjective. Many women I know have been stuck in marriages they don’t want to be a part of simply because the qazi thinks their case isn’t valid for divorce. As far as I know Javed ghamidi stated that whether it’s the man or the women who chooses to divorce meher stays with the women.
I want to know about the validity of the no polygamy clause. Does this mean that he’s making a legal promise of not marrying any other women over his first wife or does it mean that the practice of polygamy has become a sin?
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Whatever terms and conditions a couple decides at the time of their nikah, those conditions are binding on all the parties to the contract lest they decide something which goes against the reality of Nikkah (Haqiqat-e-Nikkah), for example, adding a Mutah clause goes against the reality of Nikkah and similarly creating an institution of family without a head with clear financial responsibilities also goes against the reality of Nikkah.
Please see for details regarding adding clauses to contract of Nikah:
Discussion 33673 • Reply 39695
Please see for Details on second marriage:
Quran’s verses on multiple marriages were not primarily revealed to state any directive regarding polygamy. They were actually revealed to make use of the pre-existing practice of polygamy in Arabia for the welfare of the orphans. It is basically social, psychological, political and cultural needs from which arose the need for polygamy. Such needs existed in various societies to different extents. To cater for these very needs, the Almighty never forbade this practice in the shariah He gave in various periods of time.
Please see for details on verses regarding Polygamy:
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