Fatwa #357020 September 2001United Kingdom
Regarding maintenance (al-nafaqah) for one's wife? Shelter in particular.
Question
Q1 Is it wajib for a husband to provide a room for his wife or does he have to provide a kitchen and bathroom (not shared with the rest of the family) as well. Q2 If he only provides a room and not a separate kitchen and bathroom for his wife, is he a Fasiq (sinner) in Islam, is he committing a minor or major sin? Q3 Can a wife ask for a divorce from her husband if he fails to provide proper shelter, meaning he only gives a room to her but not a kitchen or bathroom of her own? 4a) Lastly could you also explain if the husbands mother and his wife do not get on well together, and there is always great fitna in the house, (troubles and arguments etc) would it become WAJIB for the husband to provide a place for his wife, separate from his mother to avoid the fitna even if his wife is of lower financial class (only entitled to a room)? Note that every thing possible was done to solve the situation and that the whole family is suffering. And if things get out of hand and get really bad, i.e. wife becomes depressed and ill and children suffer. Will the husband not be sinful in the sight of Allah for not providing separate shelter,even if his wife is of lower financial class (only entitled to a room)? 4b) Is the wife in this particular situation entitled to ask for a divorce from her husband, if he does not provide seperate shelter?
Answer
I want to live separate%0D%0A%0D%0AQUESTION:%0D%0AI am a newly-wed wife and still trying to come to terms with my new role and%0D%0Acircumstance. I personally feel that my husband and myself would be a lot%0D%0Ahappier if we were staying on our own rather than in the home of my in-laws.%0D%0AThis is not to say that I am being ill-treated but rather I would feel much%0D%0Amore at ease if I had more privacy especially considering that my brother%0D%0Ahas younger brothers also at home. From the viewpoint of the Shari'ah, what%0D%0Arights do I have in this regard? Also briefly the basic rights of the wife.%0D%0AMay Allah reward you.%0D%0A%0D%0AANSWER%0D%0AWhile 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%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 Ebrahim Desai%0D%0A