Sahih al-Bukhari, 2721
sahihNarrated `Uqba bin Amir:
Allah's Messenger (ﷺ) said, "From among all the conditions which you have to fulfill, the conditions which make it legal for you to have sexual relations (i.e. the marriage contract) have the greatest right to be fulfilled."
حَدَّثَنَا عَبْدُ اللَّهِ بْنُ يُوسُفَ، حَدَّثَنَا اللَّيْثُ، قَالَ حَدَّثَنِي يَزِيدُ بْنُ أَبِي حَبِيبٍ، عَنْ أَبِي الْخَيْرِ، عَنْ عُقْبَةَ بْنِ عَامِرٍ ـ رضى الله عنه ـ قَالَ قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم
أَحَقُّ الشُّرُوطِ أَنْ تُوفُوا بِهِ مَا اسْتَحْلَلْتُمْ بِهِ الْفُرُوجَ
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Isnad
5 transmittersReferences2 variants
- In-Book Reference
- Book 54, Hadith 10
- USC-MSA web (English) reference
- Vol. 3, Book 50, Hadith 882 (deprecated numbering scheme)
Sharh · explanationclick to expand
The believers are Islamically bound by their own conditions, and it is incumbent on a Muslim to comply with every condition that conforms with the Book of Allah, Exalted is He, and the Sunnah of His Prophet ﷺ, and does not conflict with them. In this hadeeth, the Prophet ﷺ informed us that the first and foremost of these conditions, and the most deserving of fulfillment is the one by means of which sexual intercourse is deemed lawful. This means the conditions stipulated in marriage contracts whereby it becomes lawful for a man to engage in sexual intercourse with his wife. This is why such conditions were declared the most deserving of fulfillment (considering the solemnity of the marriage bond). It is noteworthy that such conditions must not contradict the essence and implications of the marriage contract to begin with. Rather, they must be within the scope of what a marriage contract entails and aims to fulfill, such as stipulating fostering kindness, providing for one’s wife, providing her with clothes and accommodation within what is reasonably and customarily acceptable, fulfilling her rights over him, establishing justice among co-wives, or stipulating that she must not leave his home without his permission, that she must not disobey him, observe voluntary fasting without his permission, or does not allow anyone access to his home without his permission, dispose of his wealth and belongings except in a manner acceptable to him, and the like. However, this does not apply to the conditions that conflict with the very essence and implications of marriage, such as stipulating that the wife must not take a dower or that a husband is not required to provide for her and the like; such conditions must be broken. These conditions are invalid and if they are cancelled, the marriage contract would be valid, for the Prophet ﷺ said: “Every condition that is not in the Book of Allah is invalid, even if there are one hundred conditions. The Book of Allah is more deserving of being followed and the conditions of Allah, Exalted is He, are more binding.” [Al-Bukhaaree and Muslim]. The hadeeth urges the fulfillment of marital rights..