for entrusting him with divorce, which is that he is less emotional and more analytical, and in particular that he bears the financial burden of making and breaking the family. This does not mean the wife has no access to divorce; this is given to her through the court or khul‘. It only means in the interest of herself, her spouse, and the entire family, it should not be at her fingertips.
(See the Chapter on Explicit and Implicit Divorce for a discussion of this matter when it occurs after the marriage is finalized.)
2. Invalid conditions that do not invalidate the contract
E.g.: If he stipulates that he does not give her ṣadâq or does not spend on her, or she spends on him, or he gives her fewer nights than the rest of his wives, or if she stipulates that he does not impregnate her. All of these conditions are invalid. They are not counter to the essence of the marriage contract, though, so they will be dropped without invalidating the contract itself. Note: Some of these conditions, such as her willingly spending on him, may be upheld as long as there is an ongoing mutual agreement. Also, if she willingly continues to accept having fewer nights than his other wives, there is no sin in that; this is what has become known as misyâr marriage, which is no more than a conventional marriage where the wife agrees to the husband spending fewer nights with her. If she subsequently demands equal division of the nights, though, she is entitled to that, and the condition is nullified.
3. Invalid conditions that invalidate the contract
Mut‘ah, shighâr, and taḥleel marriages are discussed in separate footnotes below.
Additionally, if she stipulates that he not touch her, the stronger position is that this condition invalidates the contract. All of these conditions are counter to the essence of the contract of marriage, or constitute a major violation of its requirements, so they invalidate it.
