The condition that has the most right to be fulfilled

Question: A prospective wife laid down a stipulation that her husband will not prevent her from teaching and he agreed to that so they got married. Does he then still have to maintain her and her children although she is an employee? Is it permissible for him to take some of her salary without her approval? If the woman is religious and does not wish to hear singing and music but the husband and his family constantly listen to music and say that the one who does not permit music is being misled by the devil, is it allowed for the wife to stay or remain in her family's house due to such a state?

Response: If the woman stipulates to her fiancee that he will not prevent her from teaching or from studying and he accepts that stipulation, such a stipulation is sound and he cannot prevent her from that after he has conjugated the marriage. This is because the Prophet (sal-Allaahu `alayhe wa sallam) has said:

((The conditions that have the most right to be fulfilled are those that make sexual intercourse lawful [i.e., those of the marriage contract])). This was recorded by al-Bukhaaree and Muslim.

If he then prevents her from teaching, she has the option to stay with him or to seek a separation from the Sharee'ah judge. However, the husband and his family listening to singing and music does not invalidate the marriage contract. She must advise them and inform them that such is prohibited. She also should not be with them when they partake in that evil. The Prophet (sal-Allaahu `alayhe wa sallam) has said:

((The religion is sincere advice...)). Recorded by Muslim in his Saheeh.

The Prophet (sal-Allaahu `alayhe wa sallam) also said:

((Whoever of you who sees an evil must change it with his hand. If he cannot do so, then with his tongue. And whoever cannot do that, then with his heart and that is the weakest of faith)). Recorded by Muslim in his Saheeh.

Verses of the Qur.aan and hadeeth on this topic are numerous. The husband must also maintain her and his children from her. He may not take anything from her salary unless it be by her permission and approval. And she may not leave his house to go to her family's house or elsewhere except with his permission.

Shaykh Ibn Baaz
Fataawa al-Mar.ah