Fatwa #31127 August 2000Pakistan
We live with my 2 brothers and parents. My wife cannot maintain the hijab all the time and we have limited privacy. I want to move out. What are my responsibilties?
Question
. We want to host Islamic classes, attend lectures. Her responsibilities are enormous in the house with all the cooking, cleaning, making lunches, rasing 2 daughters. She looses all enthusiasm to do any Islamic activity and I too become discouraged.- My daughter watches a lot of TV. My wife gives in because it relieves her of the tension to watch her amidst all her other activities- My parents feel that I am most likely to care of them in the long run since my younger brothers have more of a Canadian lifestyle. I am more traditional and feel obliged to live them
Answer
While the religion of Islam propagates the loyalty of the wife to the%0D%0Ahusband, it also greatly emphasizes on the rights of the wives. The Qur'an%0D%0Aand Ahaadith are replete with such injunctions. Sura Nisaa (S4) and Sura%0D%0ATalaaq (S65) of the Qur'an specifically discusses the rights of women. In%0D%0Athe light of the Qur'anic injunctions and the Ahaadith of Rasulullah%0D%0A(Sallallaahu Alayhi Wasallam), the Jurists have outlined 3 basic rights of%0D%0Athe wife.%0D%0A%0D%0AShelter,%0D%0AFood,%0D%0AClothing.%0D%0A%0D%0AThe above are the basic necessities of every living individual. However,%0D%0Asince the domestic duties (nurturing of the children and caring for the%0D%0Ahusband) will occupy the wife fully, it is now Fardh and the sole%0D%0Aresponsibility of the husband to provide the wife with the above three%0D%0Anecessities.%0D%0A%0D%0AJust as it is Fardh for the husband to read Salaat and to fast, it is also%0D%0AFardh to fulfill the rights of the wife. Just as it is a major sin to be%0D%0Anegligent towards the rights in Salaat and fasting in Ramadhaan, so too it%0D%0Ais a major sin to be negligent towards the rights of the wife. If a person%0D%0Atreats the injunctions of Salaat and fasting lightly, it leads to Kufr, so%0D%0Atoo if he treats the injunctions of the rights of the wife lightly. Allah%0D%0ATa'ala says in the Qur'an Kareem "And provide them shelter where you stay%0D%0Aand do not harm to frustrate them". (S. 65 V. 6)%0D%0A%0D%0AWhen a man divorces his wife, he must provide her shelter during her Iddat.%0D%0AEven when the marriage has deteriorated, the husband has to provide her%0D%0Ashelter. How much more important it is upon him to fulfill the obligation%0D%0Aduring the normal marriage period. The verse clearly indicates that the%0D%0Ahusband must provide shelter for the wife. This is to protect her belongings%0D%0Aand her privacy. However, the Jurists have mentioned that the financial%0D%0Asituation of both partners be taken into consideration in fulfilling her%0D%0Arights. If the husband and the wife (her parents) are of a financially high%0D%0Aclass, then the wife is entitled to a completely separate house. If they are%0D%0Aof a financially middle class, then she is entitled to an apartment that is%0D%0Aa room in a house with separate kitchen, toilet and bathroom. If they are of%0D%0Aa financially low class, then the wife is only entitled to a separate room.%0D%0AIt is not permissible for any person of the house to enter her room without%0D%0Aher consent. She is not entitled to a private kitchen, toilet and bathroom.%0D%0AShe will have to share these facilities with the other members of the house%0D%0A(Shami Vol. 2).%0D%0A%0D%0ASince the financial situation of every individual differ according to his%0D%0Aincome, expenses, etc. therefore it is difficult to precisely specify a%0D%0Aruling without intimate knowledge of the financial situation of the specific%0D%0Acase. Every individual must fear Allah Ta'ala, understand his obligation and%0D%0Afulfill it accordingly. The husband will be answerable to Allah if he failed%0D%0Ain carrying out his duty in fulfilling the rights of the wife. If the%0D%0Ahusband is of a high or middle financial ranking, he cannot impose upon his%0D%0Awife to stay in the same house of the parents. If she stays with them on her%0D%0Aown wish and accord then it is her choice.%0D%0A%0D%0AEspecially cases where the parents are very emotionally attached to the son%0D%0A(or grandchildren) or are in need of the Khidmat (care) of the son; should%0D%0Athe wife make a personal sacrifice, she will then receive great reward.%0D%0AHowever, she cannot be compelled.%0D%0A%0D%0AAnd Allah Knows Best.%0D%0A%0D%0AMufti E. Desai%0D%0A