Skip to main content

IF THE HUSBAND REFUSES TO SPEND ON HIS WIFE’S MAINTENANCE, IS IT PERMISSIBLE FOR HER TO REFUSE TO SHARE HIS BED?

Praise be to Allah

Firstly, the husband is obliged to spend on his wife's maintenance. Allah says in glorious Quran:

“Men are the protectors and maintainers of women, because Allah has made one of them to excel the other, and because they spend (to support them) from their means”

[an-Nisa; 4:34]

“Let the rich man spend according to his means, and the man whose resources are restricted, let him spend according to what Allah has given him. Allah puts no burden on any person beyond what He has given him”

[at-Talaq 65:7].

It was narrated that Mu‘awiyah al-Qushayri (may Allah be pleased with him) said: I said: O Messenger of Allah, what are the rights of the wife of one of us over him? He said: “That you feed her as you feed yourself, clothe her as you clothe yourself, do not strike the face, do not disgrace her and if you want to shun her (by way of disciplining her) do not leave home.”

Narrated by Abu Dawood (2142) and Ibn Majah (1850); classed as saheeh by al-Albani in Saheeh Abi Dawood.

If a husband fails to spend on his wife and does not take proper care of her then she has the choice of leaving him or put up with him because it is her right and she is not to be treated unfairly. A husband has to support his wife in all possible way. If she, however, chooses to stay with him in hope that he may change his ways or if the situation is as such that a husband is not able to support her because of financial circumstances or is not well off or maybe because of miserliness then she is not obliged to allow him to be intimate with her.

Ash-Shirazi ash-Shaafi‘i said in al-Muhadhdhab fi Fiqh al-Imam ash-Shaafi‘i (3/155):

If husband becomes unable to spend on his wife, the wife has a choice to not to get intimate with him, she can even leave the house because allowing intimacy is in return for maintenance.

Muhammad Najeeb al-Mutee‘i said in his Sharh(20/169):

A wife has thee options if her husband is unable to spend on her:she may annul the marriage, she may stay with him and allow intimacy, and its her right that she should spend on her whatever he is able to spend, the third option is that she may remain married without allowing intimacy, rather she may leave the house. It is because allowing intimacy is only obligatory if husband spends on his wifes maintenance.

Al-Bahooti (may Allah have mercy on him) said inKashshaf al-Qina‘ (5/477):

A woman has the right to remain in marriage and not allow intimacy with her husband and a husband must not detain her rather he should let her earn money even if she is well off because he has not given her anything in return of intimacy with her.

However, a woman must never misuse this right. Her intention must be pure, her aim must be to help her husband mend his ways or correcting his behavior. She must not do so to get her selfish and personal gains. Husbands condition and situation must be taken into consideration and care must be taken to protect the marriage and avoid negative outcomes.

It may make some husbands escalate the quarrel and become stubborn and get angry with his wife if she does such a thing, and he would forget his own shortcomings and the wife’s aim of reforming him, to the point that he ends up destroying the marriage.

Both husband and wife must be aware of the rights of spouses and as a wife, if you have a right over him, be wise and prudent in exercising your rights.

And Allah knows best.

Comments

Popular posts from this blog

SEX BEFORE MARRIAGE AND ITS CONSEQUENCES.

In the name of Allah, most compassionate and most merciful. “From among the signs of the Hour (end of time) are that religious knowledge will be taken away (by the death of religious scholars), ignorance will prevail, drinking of alcoholic drinks, and there will be a prevalence of Zina.” – Prophet (saw) We begin our topic with these words of our beloved Prophet. How true were his words? We live in a world where all these things are prevalent and unfortunately in our Muslim community as well. Many of our Muslim brothers and sisters are trapped in the evil of Zina and it has become a norm for them, as a result they don’t even consider it haram and unlawful. Allah says in holy Quran: Sūrah al-Isrā’, 17:32: “And do not even approach zina, for it is an outrageous act, and an evil way…’’ We are not going into detail about why Zina is unlawful but in this article, you will find the consequences of this sin. How this affects a life of a person physically, mentally, spiritually and so

MUSLIMS MOURN ALI BANAT - THE MAN ‘GIFTED WITH CANCER’

It’s a sad day for all those who knew Ali Banat, the young man gifted with cancer. Ali Banat was an inspiring Australian Muslim philanthropist whose diagnosis of cancer motivated him to dedicate his life to charity work. “At this point in my life, Alhamdulillah I have been gifted by Allah with cancer throughout my body and I have changed my whole life to helping people,” he said. An Inspiration to Muslim Youth A man of a kind heart was known for his charity work over the past three years. One of his biggest achievements is MATW project, (Muslims Around The World) launched in October 2015 to assist those less fortunate in the poverty-stricken areas of Togo, Africa. He was an inspiration to Muslim youth, dedicating his big fortune to charity work. His organization built mosques and schools for the less fortunate in Africa. May Allah accept it from him! Indeed, to Allah we belong and to Him we shall return. May Allah have mercy on our brother Ali Banat and make it easy

THE MAN WHO INSPIRE MILLIONS OF MUSLIMS EVEN WHEN HE IS PASSED AWAY (ALI BANAT)

Ali Banat is a sydney born who was diagnosed with Cancer and doctors have given him only 7 months to live. Despite his circumstances, he considers this a gift from Allah. Ali Banat, is a young man who, in his own words, was “gifted” with a stage 4 cancer throughout his body. He was given just a few months to live but took this great test as an opportunity to change his life. Upon receiving this news he immediately sold his business, gave up his lavish lifestyle and prized possessions and began a new mission to give up his Dunya and work for his Akhira. Ali has humbly dedicated the remainder of his life to helping those who are far less fortunate than him and in doing so, set up the charity MATW Project (Muslims Around The World) which has already changed the lives of so many. Being diagnosed with cancer is like death sentence for many. But this is not the way Australian Muslim Ali Ali Banat sees it. For him, the sickness is unquestionably a gift from Allah. “At this point in m