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Monday, January 6, 2025

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Egyptian ruling on requiring a girl to study and work after marriage

A question was received on the official page of the Egyptian Dar Al Iftaa, in which the questioner says: “A wife stipulated for herself in the marriage contract the following condition, that the wife must complete her university studies, work after graduation and perform public service, and the husband agreed to this condition, and the entitled person wrote it on the first statement of the contract, and when he received the documents from the marriage officer, he did not find this condition written on them, and the marriage officer apologized that the court canceled the first statement because this condition prevents the marriage contract from being authenticated.

The question is: Does the wife or her attorney have the right to stipulate this condition in the marriage contract in order to protect her future? Is this condition violating religion and Sharia? Does this condition or any other condition that does not violate religion and Sharia prohibit the documentation of vouchers in the court and the civil registry? Is there such a condition?

The answer to the question came in the fatwa number 3192 and transmitted by the site (here), the wife has the right to stipulate in the marriage contract for herself any condition that fulfills her interest and does not contradict the provisions of the contract, such as the condition of completing studies or work, this condition in itself does not violate religion, but according to the list of those authorized to write such conditions in the marriage document, it is possible to write this condition or other things agreed upon by the spouses and fall within the scope of the legally correct conditions in any other document, and the Personal Status Law does not prohibit such, but it has been considered as a condition.

An objection to the ruling on the wife’s disobedience if she goes out without the husband’s permission to complete her studies or work and does not set a binding penalty for the husband to implement it, and he did not give the wife the right to file for divorce because of it.

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Muzaffar Ahmad Noori Bajwa
Muzaffar Ahmad Noori Bajwa
Editor-in-chief, The Eastern Herald. Counter terrorism, diplomacy, Middle East affairs, Russian affairs and International policy expert.

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