While the religion of Islam propagates the loyalty of the wife to the
husband, it also greatly emphasizes on the rights of the wives. The Qur’an
and Ahaadith are replete with such injunctions. Sura Nisaa (S4) and Sura
Talaaq (S65) of the Qur’an specifically discusses the rights of women. In
the light of the Qur’anic injunctions and the Ahaadith of Rasulullah
(Sallallaahu Alayhi Wasallam), the Jurists have outlined 3 basic rights of
the wife.
Shelter
Food
Clothing
The above are the basic necessities of every living individual. However,
since the domestic duties (nurturing of the children and caring for the
husband) will occupy the wife fully, it is now Fardh and the sole
responsibility of the husband to provide the wife with the above three
necessities.
Just as it is Fardh for the husband to read Salaat and to fast, it is also
Fardh to fulfill the rights of the wife. Just as it is a major sin to be
negligent towards the rights in Salaat and fasting in Ramadhaan, so too it
is a major sin to be negligent towards the rights of the wife. If a person
treats the injunctions of Salaat and fasting lightly, it leads to Kufr, so
too if he treats the injunctions of the rights of the wife lightly. Allah
Ta’ala says in the Qur’an Kareem “And provide them shelter where you stay
and do not harm to frustrate them”. (S. 65 V. 6)
When a man divorces his wife, he must provide her shelter during her Iddat.
Even when the marriage has deteriorated, the husband has to provide her
shelter. How much more important it is upon him to fulfill the obligation
during the normal marriage period. The verse clearly indicates that the
husband must provide shelter for the wife. This is to protect her belongings
and her privacy. However, the Jurists have mentioned that the financial
situation of both partners be taken into consideration in fulfilling her
rights. If the husband and the wife (her parents) are of a financially high
class, then the wife is entitled to a completely separate house. If they are
of a financially middle class, then she is entitled to an apartment that is
a room in a house with separate kitchen, toilet and bathroom. If they are of
a financially low class, then the wife is only entitled to a separate room.
It is not permissible for any person of the house to enter her room without
her consent. She is not entitled to a private kitchen, toilet and bathroom.
She will have to share these facilities with the other members of the house
(Shami Vol. 2).
Since the financial situation of every individual differ according to his
income, expenses, etc. therefore it is difficult to precisely specify a
ruling without intimate knowledge of the financial situation of the specific
case. Every individual must fear Allah Ta’ala, understand his obligation and
fulfill it accordingly. The husband will be answerable to Allah if he failed
in carrying out his duty in fulfilling the rights of the wife. If the
husband is of a high or middle financial ranking, he cannot impose upon his
wife to stay in the same house of the parents. If she stays with them on her
own wish and accord then it is her choice.
Especially cases where the parents are very emotionally attached to the son
(or grandchildren) or are in need of the Khidmat (care) of the son; should
the wife make a personal sacrifice, she will then receive great reward.
However, she cannot be compelled.
And Allah Knows Best.
Mufti E. Desai