[نبيل القيسي]

The New Muslim's Guide - [43] Rights of Husband and Wife

Praise be to God, Sheikh Muhammad Salih Al-Munajjid said: Islam enjoins rights on the husband towards his wife, as well as vice versa, and among the obligatory rights are what is common to both spouses. We will mention - by the will of God Almighty - what is related to the rights of spouses over each other in the Qur’an and Sunnah, using the explanations and sayings of the scholars. First: The wife’s own rights: The wife has financial rights over her husband, which are: dowry, alimony, and housing. And non-financial rights: such as justice in the oath between wives, cohabitation with kindness, and not harming the wife. 1. Financial rights: A - Dowry: It is the money that the wife deserves from her husband by contracting with her or by consummating with her, and it is a right that the woman must owe to the man. God Almighty said: {And give women their alms as a beehive}. For the sake of women and for the sake of them. The dowry is not a condition in the marriage contract nor a pillar according to the majority of jurists, but it is one of its consequences. Before the politicized and before the imposition of the dowry indicates the permissibility of not naming the dowry in the contract. If the contract is named: it is obligatory for the husband, and if it is not named: he is obliged to do the mahr “al-mthal” - that is, similar women -. b - Alimony: Islamic scholars have unanimously agreed on the obligation of wives to spend on their husbands, on the condition that the woman empowers herself for her husband, and if she refuses to do so or is rebellious, she is not entitled to alimony. The wisdom behind the necessity of alimony for her: that the woman is imprisoned by the husband under the marriage contract, she is forbidden to leave the marital home except with his permission to acquire, so he had to spend on her, and he has to suffice her, as well as she is in return for enjoyment and empowering herself for him. What is meant by alimony: to provide what the wife needs of food and housing, so these things are obligatory for her, even if she is rich, because God Almighty says: {And the one who is born to him must provide them and clothe them in a reasonable manner} [Al-Baqarah: 233], and God Almighty said: And whoever is able to provide for him, let him spend from what God has given him} [Al-Talaq: 7]. And in the Prophet’s Sunnah: The Prophet, may God bless him and grant him peace, said to Hind bint Utbah - the wife of Abu Sufyan, may God Almighty be pleased with them both, and she complained that he did not spend on her - “Take what suffices you and your children on a reasonable basis.” On the authority of the Mother of the Believers Aisha, may God be pleased with her, she said: Hind bint Utbah, the wife of Abu Sufyan, entered upon the Messenger of God, may God’s prayers and peace be upon him, and said: O Messenger of God, Abu Sufyan is a stingy man who does not give me the maintenance that suffices me and my sons except what I took from his money without his knowledge. Ali in it from the suite? The Messenger of God, may God’s prayers and peace be upon him, said: “Take from his money on a reasonable basis what suffices you and your children.” Narrated by Al-Bukhari (5049) and muslim (1714). On the authority of Jaber, may God be pleased with him: that the Messenger of God, may God’s prayers and peace be upon him, said in the sermon of the Farewell Pilgrimage: “So fear God with regard to the women, for you took them by the security of God and made their private parts permitted by the word of God. And they have upon you their provision and their clothing in a reasonable manner.” Narrated by Muslim (1218). c. Accommodation: It is one of the rights of the wife, which is for her husband to provide her with a dwelling according to his capacity and ability, God Almighty said: {Reside in them from wherever you live, from where you find you} [Al-Talaq: 6]. 2. Non-financial rights: a. Justice between wives: It is the right of the wife over her husband to be fair by making arrangements between her and his other wives, if he has wives, in terms of accommodation, maintenance and clothing. B. Good treatment: The husband must improve his behavior with his wife and be kind to her, and present what can be presented to her that will reconcile her heart, because God Almighty says: {And live with them with kindness} [An-Nisa:19], and God Almighty says: 228]. In the Sunnah of the Prophet: On the authority of Abu Hurairah, may God be pleased with him, he said: The Prophet, may God’s prayers and peace be upon him, said: “Treat women.” Narrated by Al-Bukhari (3153) and Muslim (1468). These are examples of his good behavior, may God’s prayers and peace be upon him, with his women - and he is the role model and example: 1. On the authority of Zainab bint Abi Salama, I told him that Umm Salamah, may God be pleased with them, said: I menstruated while I was with the Prophet, may God bless him and grant him peace, in the camp, so I slipped and came out of her and took my menstruation clothes. I put it on, and the Messenger of God, may God bless him and grant him peace, said to me: “Have you breathed? I said: Yes, so he called me and took me with him to the camp. She said: "She told me that the Prophet, may God bless him and grant him peace, used to kiss her while he was fasting, and I and the Prophet, may God bless him and grant him peace, used to wash from one vessel of impurity." Narrated by Al-Bukhari (316) and Muslim (296). 2. On the authority of Urwa bin Al-Zubayr, may God Almighty be pleased with them, who said: The Mother of the Believers, Aisha, may God be pleased with her, said: “By God, I saw the Messenger of God, may God bless him and grant him peace, standing at the door of my room and Abyssinia playing with their spears in the mosque of the Messenger of God, may God bless him and grant him peace. He covers me with his robe so that I can look at their playing, and then rises for me so that I am the one who is leaving, so appreciate the amount of the young slave girl who is eager to play.” Narrated by Al-Bukhari (443) and Muslim (892). 3. On the authority of the Mother of the Believers Aisha, the Mother of the Believers, may God be pleased with her: “The Messenger of God, may God’s prayers and peace be upon him, used to pray sitting, and he would recite while sitting. If he had left his recitation of about thirty or forty verses, he stood up and recited them while standing, then kneeling and then prostrating. He does in the second rak’ah such as That is, when he completes his prayer, look, and if I am awake, speak to me, and if I am asleep, lie down.” Narrated by Al-Bukhari (1068). c. Not harming the wife: This is one of the principles of Islam, and if harm is forbidden to foreigners, then it is forbidden to inflict harm on the wife. On the authority of Ubadah ibn al-Samit, may God be pleased with him, that the Messenger of God, may God’s prayers and peace be upon him, decreed “there should be neither harm nor harm,” narrated by Ibn Majah (2340). And the hadith: It was authenticated by Imam Ahmad, Al-Hakim, Ibn Al-Salah and others. See: (Summary of Al-Badr Al-Munir: 2/438). Among the things that the legislator warned about in this matter: the inadmissibility of severe beatings. On the authority of Jaber bin Abdullah, may God be pleased with him, he said: He, peace and blessings of God be upon him, said during the Farewell Pilgrimage: “So fear God with regard to women, for you have taken them by the security of God and have made their private parts permitted by the word of God. Beat them not severely, and they must provide for you and clothe them in a reasonable manner.” Narrated by Muslim (1218). Second: The rights of the husband over his wife: The rights of the husband over the wife are among the greatest rights, in fact, his right over her is greater than her right over him, because God Almighty says: Al-Jassas, may God Almighty have mercy on him, said: God Almighty told in this verse that each one of the spouses has a right over his partner, and that the husband is entitled to a right over her that she does not have over him. Ibn al-Arabi, may God Almighty have mercy on him, said: This is a text in that it is preferable to her and takes precedence over her in the rights of marriage. Among these rights are: A - Obligation to obey: God Almighty has made the man the guardian of the woman by order, direction and care, just as the guardians are based on the subjects, with what God Almighty has singled out the man for the physical and mental characteristics, and with the financial duties he has imposed on him, God Almighty said: {Men They maintain over women by what God has preferred some of them over others and by what they spend of their money} [An-Nisa: 34]. Ibn Katheer, may God Almighty have mercy on him, said: Ali bin Abi Talha said on the authority of Ibn Abbas: “Men are the guardians of women” meaning: they are rulers over them, meaning: she obeys him in what God Almighty commanded her to do of obeying him, and her obedience is to be a benefactor to his family in order to preserve his money. Likewise, Muqatil, al-Suddi and al-Dahhak, may God Almighty have mercy on them, said. (Tafsir Ibn Kathir: 1 / 492). B - Enabling the husband to enjoy enjoyment: It is the husband’s right over his wife to enable him to enjoy enjoyment. If he marries a woman and she is eligible for intercourse, she must surrender herself to him by contract if he asks, and that is to hand her her accelerated dowry and give her a period of time according to the custom to fix her matter, such as two and three days if she requests it because it is from her need. And because it is easy, it is customary. If the wife refuses to respond to her husband during intercourse, she falls into a sin and commits a major sin, unless she is excused with a legitimate excuse such as menstruation, obligatory fasting, illness, and the like. On the authority of Abu Huraira, may God be pleased with him, he said: The Messenger of God, may God’s prayers and peace be upon him, said: “If a man calls his wife to his bed and she refuses, and he stays angry with her, the angels curse her until morning.” Narrated by Al-Bukhari (3065) and Muslim (1436). C - Not to allow the entry of a person whom the husband dislikes: It is the right of the husband over his wife that she should not enter his house with anyone whom he dislikes. On the authority of Abu Hurairah, may God be pleased with him, that the Messenger of God, may God’s prayers and peace be upon him, said: “It is not permissible for a woman to fast while her husband is present without his permission, and it is not permissible for a woman to fast in his house without his permission….” Narrated by Al-Bukhari (4899) and Muslim (1026). On the authority of Sulayman bin Amr bin Al-Ahwas - may God be pleased with them both - my father told me that he attended the Farewell Pilgrimage with the Messenger of God, may God’s prayers and peace be upon him, so he praised God, praised him, mentioned and exhorted, then said: “Treat women well, for they are with you helpers, from whom you have nothing but that, unless they come to With a clear indecency, and if they do, then desert them in their beds and beat them without severe beating. If they obey you, do not seek a way against them. Indeed, you have a right from your women, and your women have a right over you. As for your right over your women, let them not trample your bedding by whom you dislike, and they do not permit in your homes those you dislike, but their right upon you is to treat them well with their clothing.” Narrated by Al-Tirmidhi (1163) and he said: This is a good, authentic hadith, and by Ibn Majah (1851). On the authority of Jaber, may God be pleased with him, he said: He, peace and blessings of God be upon him, said: “So fear God with regard to women, for you have taken them by the security of God and made their private parts permitted by the word of God. Narrated by Muslim (1218). D - Not to leave the house without the husband's permission: It is the husband's right over his wife not to leave the house without his permission. The Shafi’is and Hanbalis said: She does not have the right to go out to see her sick father without the husband’s permission, and he may prevent her from that..; Because obedience to the husband is obligatory, so it is not permissible to leave the duty with something that is not obligatory. e - Discipline: The husband may discipline his wife when she disobeys his command with good, not with disobedience. Because God Almighty commanded the discipline of women by desertion and beatings when they do not obey. The Hanafi school mentioned four places in which it is permissible for the husband to discipline his wife by beating, including: leaving the adornment if he wants the adornment, including: not answering if he calls her to bed while she is pure, including: leaving the prayer, and including: leaving the house without his permission. Among the evidences for the permissibility of discipline is the saying of God Almighty: {And as for those whom you fear their transgression, exhort them and desert them to their beds and beat them} [An-Nisa: 34]. And God Almighty says: {O you who believe, protect yourselves and your families from a Fire whose fuel is people and stones} [Al-Tahrim: 6]. Ibn Katheer, may God Almighty have mercy on him, said: Qatada, may God have mercy on him, said: You command them to obey God Almighty, and forbid them to disobey God Almighty, and to establish the command of God Almighty against them, and command them to do it, and help them in it. . Thus, al-Dahhak and Muqatil, may God have mercy on them, said: The right of a Muslim is that his family, his female relatives, his maidservants, and his servants know what God has imposed upon them and what God has forbidden them to do. (Tafseer of Ibn Kathir: 4/392). F- The wife’s service to her husband: The evidence for this is abundant, some of which have been previously mentioned. The Sheikh of Islam Ibn Taymiyyah, may God Almighty have mercy on him, said: It is obligatory to serve her husband in a kind manner, from her like to him. (Al-Fatwa Al-Kubra: 4/561). G - The woman’s surrender: If the marriage contract fulfills its conditions and is valid, then the woman must surrender herself to the husband and enable him to enjoy her, because in the contract the husband deserves to hand over the consideration, which is enjoyment with her, just as the woman deserves the consideration, which is the dowry. H - the wife’s cohabitation with her husband in a reasonable manner: This is due to the saying of God Almighty: {And they have the like of what they are obligated to do with kindness} [Al-Baqarah: 228]. Al-Qurtubi, may God Almighty have mercy on him, said: And on his authority - that is: on the authority of Ibn Abbas - may God be pleased with them - also, meaning: they have good companionship and kindness to their husbands like those who are obligated to obey in what he enjoins upon them to their husbands. And it was said: They have the right of their husbands to leave their harm, as it was upon them for their husbands. Al-Tabari said. Ibn Zayd said: You should fear God Almighty in them as they must fear God Almighty in you. The meaning is close and the verse permeates all of that from marital rights. (Tafsir Al-Qurtubi: 3/123, 124). God come Li higher and I know.

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The New Muslim's Guide - F43D Rights of Husband and Wife guide husband muslim rights wife