{"fatawa":{"id":8559,"title":"She stipulated that her husband would not smoke and he did not adhere to the condition","slug":"she-stipulated-that-her-husband-would-not-smoke-and-he-did-not-adhere-to-the-condition","order":"","question":"Can a woman stipulate that the one who wants to marry her should give up smoking? What should she do if he does not adhere to this condition?.","answer":"Praise be to Allaah.\r\nFirstly: \r\n\r\nSmoking is haraam, because it is a waste of money and harmful to one\u2019s health, and it harms others. This has been explained in the answer to question no. 10922. \r\n\r\nSecondly: \r\n\r\nWhatever conditions the couple stipulate at the time of marriage, the basic principle is that these conditions are valid and must be fulfilled, so long as they are not contrary to sharee\u2019ah, because the Prophet (peace and blessings of Allaah be upon him) said: \u201cThe condition which most deserves to be fulfilled is that by means of which intimacy becomes permissible for you.\u201d Narrated by al-Bukhaari (2721) and Muslim (1418). \r\n\r\nIf the husband does not do that which was stipulated and made binding upon him, then the woman has the right to have the marriage annulled. \r\n\r\nShaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said: \r\n\r\nIf he stipulates that she should offer the five daily prayers regularly, or that she be truthful and honest after the marriage contract, and she does not do that, then you have the right to annul the marriage. End quote. \r\n\r\nAl-Ikhtiyaaraat al-Fiqhiyyah (p. 219). \r\n\r\nSimilarly, if a woman stipulates that her husband should give up smoking, and he does not do so, then she has the right to annul the contract. \r\n\r\nShaykh Muhammad ibn Ibraaheem (may Allaah have mercy on him) was asked about a woman to whom a man proposed, and she stipulated that he should not smoke, and he agreed, so he married him, then she found out that he smokes. What should she do? \r\n\r\nHe replied: \r\n\r\nPraise be to Allaah. If the matter is as described, then the woman mentioned has the choice of either annulling the marriage with him, or staying with him. End quote. \r\n\r\nFataawa al-Shaykh Muhammad ibn Ibraaheem (10\/149). \r\n\r\nBut our advice to her before annulling the marriage is to try to set her husband straight and help him to give up this haraam thing. If he mends his ways, then praise be to Allaah, but if he persists in it, then she should weigh up the pros and cons, because staying with him may be better for her, for the sake of the children\u2019s upbringing and so on. \r\n\r\nMay Allaah guide him. \r\n\r\nAnd Allaah knows best.\r\n\r\nIslam Q&A","status":1,"created_at":"2014-11-19T21:51:57.000000Z","updated_at":"2014-11-19T21:51:57.000000Z","language_id":1,"fatawacate_id":35,"parent_id":8558,"author_id":"","books":[],"articles":[],"videos":[],"audios":[],"author_name":"","category_name":"\u0634\u0631\u0648\u0637 \u0627\u0644\u0646\u0643\u0627\u062d","category_slug":"","get_date":"2014-11-19"},"translations":[],"fatawa_books":[],"fatawa_articles":[],"fatawa_videos":[],"fatawa_audios":[],"url":"http:\/\/islamland.com\/eng\/api\/fatawas\/8559"}