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Separate Accommodation for Wife

Answered as per Hanafi Fiqh by CouncilofUlama.co.za

Q: Please can you explain the ruling of the rights of a wife to her own abode without in law interference?

A: 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).

And Allah Knows Best

Aadiel Moosagie (Mufti)
Council of Ulama Eastern Cape
Tel/Whatsapp: +27 83 982 6968
[email protected]

This answer was collected from CouncilofUlama.co.za, which is operated under the supervision of Council of Ulama Eastern Cape, South Africa.

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