It is considered void if it is forbidden by law 

A condition in the marriage contract prohibits a woman from sleeping with her husband

Dr. Youssef Al-Sharif: “Logic and reason say that she has to be patient with part of the problem than creating a new problem that she may regret.”

A woman of the nationality of an Arab country stated that she wanted to cancel a condition that her husband imposed on her in the marriage contract, which is that she should not spend the night with her, because of his marriage to another woman, and she had two children from him, and she was afraid that her relationship with him would end in divorce, if she demanded that through the court. Wondering about the validity of the existence of such a condition in the contract?

This came within a legal awareness episode, presented by Legal Counsel, Dr. Youssef Al Sharif, through the pages of "Emirates Today", to shed light on the Personal Status Law and the new legal articles in it.

In the details, she asked, "She is a divorced woman, aged 27, who has experienced a failed marriage, which resulted in a daughter who is now four years old." That he stays with her permanently, but according to his circumstances, as well as not getting pregnant from him, and if it happens by mistake, you drop him, in return he pledged to spend on her.”

And she indicated that she "accepted his conditions, as she saw with her that she would be fully dedicated to raising her daughter," adding that "the problem he was afraid of occurred, and she became pregnant from him after a while, and although he was upset, he did not obligate her to abort the fetus, and she completed her pregnancy." And she had a child and he is now two years old, then she got pregnant again, and he did not express any objection when he learned of the matter, and there was a great understanding between them, but what was bothering her was that he did not share with her the details of her life, or his permanent residence with her, and when she asked him to do so, he reminded her of the conditions which they agreed upon before marriage, and he refuses to discuss the issue.”

And she asks, is marriage in this way considered legitimate and legal, as well as setting conditions such as not spending the night in his wife’s house because of his relationship with another, and the lack of justice between the two wives?

For his part, the legal advisor, Dr. Youssef Al-Sharif, confirmed that the misyar marriage is a valid and complete legal marriage, but the husband stipulates a condition on his wife, which may not be part of the contract, such as stipulating that she not spend the night with her, or not spend on her, or both. , which means no accommodation or expense.

Regarding the opinion of the law in the question of the questioner, Al-Sharif referred to Article (20/3) of the Personal Status Law, which states: “Among the effects of breaching the terms of the marriage contract, if a condition is stipulated in it that does not contradict its origin, but contradicts its requirements, or is forbidden by Sharia, the condition is invalid. The contract is valid.”

The explanatory note provided an explanation of this paragraph as follows: “The condition that does not contradict the origin of the contract, but contradicts the purpose or purposes of the marriage, or is unanimous in its prohibition, is void, while the contract remains valid, such as: one of them stipulates the option in marriage. Never, or for an unknown period, or the husband stipulates not dowry or alimony, or the wife stipulates that he not travel with her if she wants to move, or live with her where her father wants, or he wants another relative, or a foreigner, or one of them stipulates that the other not inherit from him, Or the requirement to take measures that prevent pregnancy, as these are invalid conditions, because they contradict the requirement of the contract, and include forfeiting rights that are obligatory in the contract, which are not valid. As for the contract, it is valid, because these conditions refer to an extra meaning in the contract that does not contradict its origin.

Al-Sharif indicated that if the questioner wants to uphold her right to have her husband stay with her, then it is her legal right and the court will respond to her, and this means that to achieve this, she must complain to her husband in court, pointing out that she must think carefully about the consequences of this step if she takes it. Divorce may occur because of that, for she initially accepted her husband’s conditions, and the law with the questioner gives her the right, but logic and reason say that she has to be patient with part of the problem, better than creating a new problem that she may regret.

The “court” will respond to the wife in the event of a complaint, as the husband has her legal right to stay overnight. 

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