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Ruling on stipulating the husband’s ownership of a separate house as a marriage condition

Question

I proposed to marry a divorced young woman and her condition, that hindered our marriage, was her request that I own a house to safeguard her future. However, I cannot afford to buy a house, and if I could, I would have bought it. What is the Islamic ruling on this issue so as to enlighten our hearts by faith?

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

Marital life is built on love, compassion, tolerance and understanding. Providing a residence for the wife is her right upon her husband. He is obliged to provide for her an appropriate dwelling that corresponds with the traditions of their country and is appropriate to the financial status of each of the spouses, just like financial maintenance and clothing, even if none of these due rights were stipulated in the marriage contract.

However, if the wife stipulated that her husband should own a house, this condition is not among the conditions of the marriage contract and at the same time it does not contradict it; hence, it is recommended to be fulfilled and it is not a binding condition.

Allaah Knows best.

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