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💍 Khitbah & engagement · #56

During the engagement we agreed the wife would keep working and on where we would live. Can these conditions be included in the marriage contract?

They can be recorded as an agreement or an additional taʿliq if they do not conflict with the Shariah; but their effect depends on how they are written and accepted by the state religious office.
The Prophet ﷺ said that the conditions most deserving of fulfilment are those by which marriage is made lawful, that is, conditions in a marriage (Sahih al-Bukhari 2721). Conditions consistent with the purpose of marriage, such as the wife being allowed to continue her career or not being moved far from her frail parents, are accepted by many scholars. A condition that makes the forbidden lawful is invalid. In Malaysia, the usual way is an additional taʿliq or a written, witnessed agreement; ask the state religious office about the accepted format. Discuss clearly, write it down, and keep a copy. See Conditions in the contract and additional taʿliq.

Sources

Sahih al-Bukhari 2721Surah al-Ma'idah 5:1Surah al-Isra' 17:34
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This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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