THE RIGHTS & DUTIES IN ISLAMIC LAW Yeni Salma Barlinti

When do the rights and duties of wife and husband prevail in marriage? Wife and husband have rights and duties since they married or ijab qabul After the wife reaches the age of puberty

SHARIA

The Maintenance / Al-Nafaqah Maintenance / al-nafaqah is the right of one’s wife and children to get food, clothing and a residence, some other essential services, medicine, and education Father has responsibility to maintain his daughter until she is married, and his son until he reach the age of puberty (recently, until he is able to afford himself) Every muslim has duty to maintain his parents  The Maintenance is man’s (as a husband, father, or son) duty toward his wife, children, and parents

No Maintenance for Wife Husband does not have duty to maintain his wife in the following events: If she packed and moved out of her matrimonial home to some other place without her husband’s permission or without any religious cause If she travelled without his permission If she puts on Ihram for hajj without his permission If she is imprisoned after committing a crime

When Husband doesn’t Give Maintenance The necessity of providing maintenance is emphasized in the farewell pilgrimage address of the Prophet PBUH (Haj al-Wada’) Beware about your treatment of women. You have accepted them with the word of Allah, and have made lawful sexual relationship with them with the word of Allah... As you have a duty to provide them with reasonable maintenance and clothing Hadits narrated by A’ishah Once Hindah bint ‘Utbah said to the Prophet: “O Messenger of Allah, Abu Sufyan is a miserly person. He does not provide for me and my son except whatever I take away myself secretly about which he does not know. The Propeht advised: “Take whatever is sufficient for you and your son in a reasonable way”

Maintenance in Modern Family If husband can not provide enough to his family because of low income, both husband and wife may work for gain. Husband has the right to terminate his wife’s working whenever he deems it necessary He has the right to object to any job if he feels that it would expose his wife to any harm, seduction, or humiliation When wife is not employed, the household becomes her priority Wife has to refuse maintainance from her husband when it is achieved from the Haram/ forbidden job

Maintenance After Dissolution of Marriage Al Talaq verse 6 Let the women live in ‘iddah in the same style as you live, according to your means. Trouble them not so that make things difficult for them. And if they are pregnant, then spend you substenance on them (maintain them) until they deliver (the baby); and if they suckle your child, give them recompense; and take mutual counsel together, according to what is just and reasonable When a husband say the word of talaq, he still has responsibility of maintenance to his ex-wife and children The father and the mother must maintain their children even if they are divorced

Cont’d Khulu’  wife shall not be entitled to maintenance except whe she happened to be pregnant Li’an  wife can not claim maintenance from husband even if she happens to be pregnant Death of husband: Maliki  wife is not entitled to maintenance, except accomodation Hanafi  wife will be entitled to maintenance and must not leave the house until she has completed the ‘iddah prescribed for the occasion

Suckling / Rada’ Based on Al Baqarah verse 223 The period of giving suck is normally two years The responsibility for providing maintenance to the wife or former wife and for arranging suck for the child lies on the man. He shall bear the cost of food and clothing on equitable terms. The woman who gives suck to her baby should not be maltreated by her husband The weaning of the child should be done by mutual agreement beween the mother and the father If the man dies, his heirs will be responsible for maintenance of his widow and rada’ of his child If by any chance, the mother herself cannot give suck and she and her husband decide to employ a foster-mother, there is norm harm. But the mother should still be given her maintenance Every Muslim should know that whatever he does Allah sees him all the time, therefore he should not treat his wife or former wife and his child unfairly

Conjugal Rights QS An Nisa verse 19, Al Baqarah verse 222 and 223 At Tahrim verse 6 An Nisa verse 3

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