Dear Mufti, after Salam and giving all respects, my concern is that my daughter was married to Tayib Tahir, and on the wedding night the situation deteriorated. The husband said to his wife on the first night that he doesn’t like here and he wanted to marry someone else and his father married him with her. The situation carried on and within a month the husband beat his wife and the wife returned to her parents’ home and the situation reach the point of divorce. When people saw that the household was being separated, they tried to reconcile and the family of the wife put some conditions of reconciliation and that the reconciliation will be written on a stamp paper and the conditions will be present on this stamp paper. Afterwards the wife returned to her house. After two months, her husband beat her again and this time severely so she returned to her parents’ house and after remaining four months at her parents’ house, the husband sent her divorce. After the divorce, the Iddah period has been completed.
The question is that the man gave divorce and there was an agreement on the stamp paper that he will he will give her his house, so now that that the divorce took place and there was an agreement on a stamp paper between the husband and his wife, so shall he give her his house according to the agreement, meaning shall he act according to his agreement or not, meaning does the woman has a right on the house or not? The stamp paper is presented with the question.
Questioner: Mistri Ilahi Bakhsh
All praises belong to Allah, may the Salah and Salam be upon the one after whom there is no prophet!
To keep the household united, there must be concord, unity, love and compassion between the husband and the wife, and if such is not present then conditions and agreements are useless rather they have the opposite effect, ill-feeling occurs in the heart that so and so is trying to tie me by writing conditions.
- Yet in spite of this, if someone agrees to a condition or an agreement, then it is necessary for him to fulfil his condition and agreement. The Prophet (ﷺ) said:
المسلمون على شروطهم.
“Muslims are on (i.e. stick to) their conditions” (Sunnan Abi Dawud: 3594)
Hence fulfilling the condition and agreement is a sign of a true believer and a sign of faith.
As for the condition being present in the asked case, them the issue is very complicated, it is present on the stamp paper but it is vague and there is no clarity in it, whether giving a house and a mobile to his wife is in the case of them being in the status of husband and wife or after giving divorce, he is bound to fulfil this condition. What we are seeing is that the condition was for when they were in the status of living as husband and wife, and if he did not give these things before the divorce, and after he has separated from her by divorce, then he is not bound to these things, that he should give something to his former wife or put something in her name.
- There is also the mention of referring to a third party in the case of differences, so it would be better that the two sides appoint a board and by agreement they establish a third party, and whatever it decides, they act accordingly. In the stamp paper, there are some matters which are against the religious law, such as if there is injustice, then there will be Qisas (retaliation); such statements are not to make the household prosperous. And Allah knows best.
Our last speech is: All praises belong to Allah, Lord of the Universe.
His excellence Shaykh Abu Muhammad AbdusSattar Hammad (President of the Lajnah)
His excellence Shaykh Abdul Haleem Bilal (may Allah preserve him)
His excellence Shaykh Javed Iqbal Sialkoti (may Allah preserve him)
Note: This is a translation of the original text of the Fatwa which was issued in the Urdu language.