Before asking my question I need to explain what made me ask it:
Often when in a Muslim community a new revert/convert (in the cases I witnessed always female) came. The Muslims always gave (her) the advice to get married with a practicing Muslim of the other gender.
So what if for some reasons one of this future spouses only agrees for this marriage to make a good deed, so the intention isn't to get married in the obvious way, but to help the other to learn as quick as possible more about Islam and how to practice things according this religion. So the purpose of this marriage is creating a legal mahram contact where both could be together.
Note that I've often encountered marriages where the husband needed somebody to care for him, these were arranged marriages were a younger lady married an old for example blind man to take care from him. Apparently such marriages were "Building a family" isn't the main goal seem accepted.
I guess if somewhere deep inside the idea of a future divorce exists this could be considered as nikah al-muta' by some scholars. And therefore this condition might not be accepted for nikah. But I assume that it is possible to get married without the intention of being physical whether or or not this can be placed in a marriage contract can be discussed.
Also verses of the Qur'an and the prophetic traditions rather invite us to get married and have children, which is excluded by this condition!
- So can such a condition be valid?
- In any case: What kinds of conditions are not valid for 'aqd an-nikah? (ruling?)
- Assuming this condition is valid, what if the spouses later want to be together as real spouses and have children must they divorce or re-write the 'aqd, what is the correct solution?
At least this fatwa (only available in Arabic so far islamqa #220804) seems to say that delaying to have children (or pregnancy) can be a valid condition. Even if the fatwa says that the husband should convince his future wife to have children, as this is recommended by shari'a.
