His promise to document his wife's possession of the furniture is binding

9-3-2011 | IslamWeb

Question:

It is the custom in Egypt that when two people are married, the husband has to sign a document declaring that all the furniture in the newly-weds’ house belongs to the wife. My husband promised to do so before our marriage, but he has not fulfilled his promise yet. What is the Sharee’ah (Islamic law) ruling on this case?

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Answer:

All perfect praise be to Allaah, the Lord of the worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.

 

Since your husband promised to sign that document, his promise is binding; especially if this is the custom in your country and it has become as effective as a condition. Scholars are of the view that customs have the same power as contractual  conditions. .Allaah The Almighty Says (what means): {O you who have believed, fulfill [all] contracts.} [Quran 5: 1] In a Hadeeth (narration), the Prophet, sallallaahu ‘alayhi wa sallam, said: “Muslims should abide by their conditions, except a condition that makes unlawful what is lawful or makes lawful what is unlawful.” [At-Tirmithi and others]

‘Uqbah ibn ‘Aamir narrated that the Messenger of Allaah, sallallaahu ‘alayhi wa sallam, said: “The most worthy condition of being fulfilled is that by virtue of which the private parts i.e. sexual intercourse with a woman have been made lawful for you) [to have].” [Al-Bukhari and Muslim]

However, you should handle this matter kindly, wisely and tolerantly. If he reads this Fatwa, perhaps Allaah The Almighty will guide him to do what is right.

Allaah Knows best.