5-Endless Bliss Fifth Fascicle - Hakikat Kitabevi

having sexual intercourse because of old age, or having trouble
with his genital organ or magic. They cannot apply to the court
to dissolve the marriage for any other reason. It is written in the
book Ibn al-Âbidîn and in the fatwâs of Hâniyya, Tatârhâniyya
and Abullays that a nikâh is not sahîh if it is made dependent
on a condition to be fulfilled beforehand. A good example for
this is to say, “I have married you provided that my father gives
his consent.” It is written in the book Ibni ’Âbidîn, at the end of
the chapter of ‘Muharramât’ that, if she says, “I have married
you if my father consents to it,” and if her father is present there
and says that he has consented to it, then that nikâh will
become sahîh. Another example of a conditional case is
explained in the books Ibni Âbidîn, Kitâb-ul fiqh alal-
Madhâhib-il arba’a and Nimat al Islam. While explaining the
performance of a nikâh, the authors of these books say that if a
woman says to a man, “I am getting married to you on condition
that I will be able to divorce you whenever I choose to,” and if
the man states that he accepts her condition; then, the nikâh
will be sahîh and she will also hold the right to divorce him.” If a
woman who does not have a husband or a mahram wants to go
on a long journey, such as on Hajj, or if Hulla has become
necessary she can get married to someone by the aboveexplained
conditional manner. It is seen from these examples
that Islam’s criticizers who say that in Islam only men hold the
right to divorce or who say that women are like playthings in the
hands of men are quite wrong. They do not know anything
about Islam. These liars and slanderers with their false
criticisms and allegations are estranging youngsters from Islam.
The quotation given above shows clearly that a man can
transfer the right to divorce to his wife at the time of the
marriage contract, and as a consequence of this, she can get a
divorce whenever she desires. Look up the word “Tafwîd” at the
end of the chapter about Talâq for further information [1] .
During the contract of marriage, if one offers a fâsid
(unacceptable, wrong) condition to be satisfied, the nikâh will be
sahîh, but the condition will not be carried out. For example, if
one says, “I have married you on condition of not giving a mahr
to you,” the nikâh will be sahîh, but the condition will be invalid
and it will be necessary to give her mahr al-mithl.
[1] The chapter about Talâq has not been translated into English yet.
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