A right of talaq given before the marriage contract

Question

A man named Muhammad Nur al-Din married a woman named Maryam Bibi on the condition that he would not contract another marriage as long as Maryam Bibi remained in his nikah, and also: “if Maryam Bibi, owing to some estrangement, stays on at her parents’ home for 90 days and I cannot win her over and bring her back, then there is the choice of remaining in the marriage” — and he entrusted it to Bibi Maryam.

Answer

The question says that he married Maryam Bibi “on this condition”; this means that the condition was settled first and the nikah took place afterwards. If the facts are indeed so, then this condition is entirely void and useless.

Source: Fatawa Mahmudiyya

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