Ruling in the case where the fiancee puts a haraam condition in the marriage contract

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He has AIDS – can he marry someone who has the same disease?
Her brother is in jail and her paternal uncles are in another country. Who can be her wali?

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He has AIDS – can he marry someone who has the same disease?
Her brother is in jail and her paternal uncles are in another country. Who can be her wali?

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