Legal experts and religious scholars emphasize that women have the right to insert lawful conditions in the marriage certificate (Nikah Nama) prior to marriage, and if the husband fails to act in accordance with such conditions, the wife may demand her rights through legal channels. However, some women complain that after years of marriage, the very conditions agreed by their husbands’ side prior to the marriage certificate have not been fulfilled.
A marriage condition refers to any commitment or restriction that either the woman or the man imposes on the other at the time of concluding the marriage certificate, which the other party accepts.
According to jurists, dowry (mahr), maintenance (nafaqah), and shelter are obligatory upon the husband without any conditions. However, a marriage condition is an additional commitment beyond the pillars (Arkan) and effects of marriage, which is added to the certificate by mutual consent. If included in the marriage certificate, it serves as a legal document to claim rights.
Farid Sekandari, a legal expert, says that women have the right to insert lawful conditions in the marriage certificate in accordance with Islamic Sharia, and if the husband fails to comply with these conditions, the woman may file a complaint. He says,
“If the husband does not act in accordance with the conditions stipulated in the marriage certificate, then under the religious and legal principles of our society, the woman may file a complaint against her husband. Of course, there is a procedure for this, beginning with conciliation sessions through mutual consent or with the intervention of tribal elders or local representatives, and ultimately proceeding to the court. The woman has the right to pursue her case.”
Zaman Zamani, another legal expert, states that in cases of non-compliance with marriage conditions, women may dissolve their marriage.
“If the husband does not act in accordance with the conditions and does not demonstrate commitment, the woman has the right to demand enforcement. Even some jurists hold the view that the woman may have the right to annul the marriage in the event of a violation of stipulated conditions; some jurists go this far,” he adds.
On the other hand, Abdullah, a religious scholar, says that what is called the right of a man is provided in Sharia and considered permissible; women cannot prevent it by inserting conditions. He says,
“If a condition is consistent with Sharia, it is valid. If it contradicts Sharia, then it is not valid. For example, if a woman stipulates that her husband must not take a second or third wife, this is considered contrary to Sharia and is not accepted. Or if she states that she will have only one or two children and no more, or that the couple must live in a specific city and not relocate elsewhere, such conditions are contrary to Sharia and should not be accepted. Even if violated, there is no sin involved. In Hanafi jurisprudence, if the husband fails to comply with such conditions, the marriage certificate will not be void (batil). However, conditions that are consistent with Sharia must be complied with by both spouses.”
However, some women, in interviews with Salam Watandar, say that although their lawful conditions were accepted by their husbands at the time of marriage, after marriage their husbands did not remain committed to them.
Khoshi, a 28-year-old from Baghlan, says, “At the beginning, my conditions were respected, but over time my hope for their fulfillment gradually was lost. When I demanded my rights, I was subjected to violence, so I had to return to my father’s house.”
Amena, another woman from Baghlan, says, “At the time of marriage, I set several conditions for my husband: payment of the dowry, permission to continue my education, and permission to work outside the home. My aim was to protect my rights and live independently. However, apart from continuing my education, the other conditions were not fulfilled, and I am still arguing with my husband and his family to take my rights.”
Saajeda, a 26-year-old woman, states, “My conditions included continuing my education and having a suitable home. However, after marriage, they were not implemented, and I was not allowed to continue my education. I had to remain silent and could not approach judicial institutions, because here, if you speak out, you are still blamed.”
Hadia, a mother of two daughters, says, “After marriage, no action was taken to fulfill the conditions agreed upon in the marriage certificate, and I had to continue living with my husband and his family.”
According to Hanafi jurisprudence, the right to education and work—provided that it does not harm the husband’s marital rights—may be inserted as a condition in the marriage certificate, and the husband is obliged to comply with it.
In fact, the payment of dowry and the provision of suitable shelter do not require inserting conditions, as dowry is an essential pillar of marriage and becomes the wife’s established right from the outset, and the husband is obligated to pay it without any condition. Likewise, providing appropriate and independent shelter is among the fundamental rights of the wife, which Islamic law places upon the husband, and therefore the wife does not need to stipulate it in the marriage certificate.
Reporter: Marina Naseri Sherzai
