Is it acceptable to stipulate a condition in the marriage contract that her husband should not inherit from her if she dies?

If a wealthy widow with children decides to remarry, can she put a
clause in the marriage contract saying that after her death only her
children will inherit from her and her new husband will give up
anyinheritance rights?
Praise be to Allaah.
The basic principle with regard to contracts and conditions is that
they are permissible and valid, and none of them are haraam or invalid
except that which is contrary to sharee'ah.
Stipulating that the husband should be deprived of inheriting inthe
event of the wife's death is a condition that is contrary to
sharee'ah, because it is cancelling out the right of the husband that
Allah granted him to a share of his wife's wealth in the event of her
death.
Al-Bukhaari and Muslim (1504) narrated from 'Aa'ishah (may Allah be
pleased with her) that she said: The Messenger of Allah (blessings and
peace of Allah be upon him) said: "What is the matter with people who
stipulate conditions that are not in the Book of Allaah? There is no
condition that is not in the Book of Allaah but it is invalid, even if
there are one hundred conditions. The Book of Allaah is more deserving
of being followed and the conditions of Allaah are more binding."
Al-Qurtubi (may Allah have mercy on him) said:
i.e., conditions that are not acceptable according to sharee'ah are
invalid even if they are many.
End quote from Fath al-Baari, 5/189
Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) said:
Whoever stipulates conditions in a waqf, manumission, a gift, a sale,
a marriage contract, rental, vow andso on that is contrary to what
Allah has decreed for His slaves in that those conditions enjoin
something that Allah hasforbidden or forbid something that Allah
hasenjoined, or they permit something that He has prohibited or
prohibit something that He has permitted, then these conditions are
invalid according to the consensus of the Muslimsof all eras.
End quote from Majmoo'al-Fataawa, 31/28
He also said:
If a condition is contrary to the conditions of Allahand His
Messenger, it is invalid, such as if he stipulates that his son or his
relatives should not inherit from him, or that he should help him in
everything he wants andsupport him against everyone who opposes him
whether he is in the right or otherwise, or that he should obey him in
everything he tells him to do, and other such conditions.
And when such conditions are made, then one should fulfil the part of
it (the contract) that is in accordance with the commands of Allah and
His Messenger (blessings and peace of Allah be upon him), and he
should not fulfil the part that is contrary to that. This is agreed
upon among the Muslims.
End quote from Majmoo'al-Fataawa, 35/97
And Allah knows best.

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And Allah Knows the Best!

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Published by :->
M NajimudeeN Bsc- INDIA

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