Annulment of nikah for breach of a condition

Question

Question: Zayd married his daughter Safiyya to Zafar, son of ‘Umar, on the condition that his daughter would observe hijab (seclusion and veiling) and would keep to the pillars of the Shari‘a. After two years Zafar began keeping his wife without hijab; moreover, when she recites the Qur’an she is told: “What is this endless tale you have started?” When Zayd learned of this he brought his daughter home.

Answer

Zayd should take a firm undertaking from Zafar and have it put in writing before a few respectable people that Zafar will henceforth keep his wife in hijab, will not force her to go unveiled, and will observe the rulings of the Shari‘a.

Source: Fatawa Mahmudiyya

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