🧭 Region & Middle East · #43

I am a Malaysian woman marrying in a Gulf country — should I put conditions in the akad?

It is your choice, but across the GCC, a condition in the marriage contract is the most effective tool for a wife who does not want a co-wife. No GCC country requires court permission before a husband marries again. In the UAE (article 33) and Qatar (article 53), breach of a valid condition gives the right to seek dissolution or fasakh; in Bahrain a wife may stipulate that her husband will not marry again. Write the condition clearly in the contract and keep a registered copy — verbal agreement is hard to prove. Other conditions such as working, studying or a separate home can also be stated. Make sure the contract is concluded by a licensed officer and re-registered in Malaysia. See Gulf states.

Difference between schools. The Hanbali school regards a condition that the husband will not marry another wife as binding; the Shafi'i and Hanafi schools regard it as non-binding although the contract is valid, so in Malaysia similar protection is usually achieved through the taʿliq (conditional divorce).

Sources

UAE Federal Decree-Law No. 41/2024, article 33Qatar Family Law No. 22/2006, article 53

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This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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