Tag Archive | rights

The Wife’s Rights Over Her Husband

The wife has financial rights over her husband, which are the mahr (dowry), spending and accommodation.

And she has non-financial rights, such as fair division between co-wives, being treated in a decent and reasonable manner, and not being treated in a harmful way by her husband.

1. Financial Rights

(a) The Mahr (dowry)

This is the money to which the wife is entitled from her husband when the marriage contract is completed or when the marriage is consummated. It is a right which the man is obliged to pay to the woman. Allaah says (interpretation of the meaning):

And give to the women (whom you marry) their Mahr (obligatory bridal-money given by the husband to his wife at the time of marriage) with a good heart” [al-Nisaa’ 4:4]

The prescription of the mahr demonstrates the seriousness and importance of the marriage-contract, and is a token of respect and honour to the woman.

The mahr is not a condition or essential part of the marriage-contract, according to the majority of fuqahaa’; rather it is one of the consequences of the contract. If the marriage-contract is done without any mention of the mahr, it is still valid, according to the consensus of the majority, because Allaah says (interpretation of the meaning):

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The Husband’s Rights Over His Wife

The rights of the husband over his wife are among the greatest rights; indeed his rights over her are greater than her rights over him, because Allaah says (interpretation of the meaning):

And they (women) have rights (over their husbands as regards living expenses) similar (to those of their husbands) over them (as regards obedience and respect) to what is reasonable, but men have a degree (of responsibility) over them.” [al-Baqarah 2:228]

al-Jassaas said: “Allaah tells us in this aayah that each of the spouses has rights over the other, and that the husband has one particular right over his wife which she does not have over him.

Ibn al-‘Arabi said: “This text states that he has some preference over her with regard to rights and duties of marriage.

These rights include:

(a) The Obligation Of Obedience

Allaah has made the man a qawwaam (protector and maintainer) of the woman by commanding, directing and taking care of her, just as guardians take care of their charges, by virtue of the physical and mental faculties that Allaah has given only to men and the financial obligations that He has enjoined upon them. Allaah says (interpretation of the meaning):

Men are the protectors and maintainers of women, because Allaah has made one of them to excel the other, and because they spend (to support them) from their means” [al-Nisaa’ 4:34]

‘Ali ibn Abi Talhah said, narrating from Ibn ‘Abbaas: “Men are the protectors and maintainers of women” means, “they are in charge of them, i.e., she should obey him in matters of obedience that Allaah has enjoined upon her, and obey him by treating his family well and taking care of his wealth.” This was the view of Muqaatil, al-Saddi and al-Dahhaak.(Tafseer Ibn Katheer, 1/492)

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Book: Fiqh of Marriage, By Shaykh Saalih Al-Sadlaan

Fiqh of Marriage, By Shaykh Saalih Al-Sadlaan

Dr. Saalih ibn Ghaanim al-Sadlaan

In this book, the world renowned scholar of comparative fiqh, Dr. al-Sadlaan of Muhammad Ibn Saud University covers the most important topics realated to the fiqh of Marriage. He discusses the topics found in traditional books of Fiqh, such as the place of the dower, the minimum and maximum amount of the dower, and when the woman is entitled to all, half or none of her dower. The book also discusses the rights of the husband and wife in Islam as well as sexual etiquette in Islam.

Please click here to download the book.

Obedience To The Husband

Islam has given woman rights and imposed on her some obligations. One of the most significant rights is that of her husband over her. The husband is your Paradise or your Hellfire; that is, if you obey him you will enter Paradise, and if you disobey him you will enter Hellfire. The following are Ahaadith which order a woman to obey her husband:

The Prophet sallaallaahu alayhi wa sallaam said:

When a woman observes her five obligatory prayers, fasts during Ramadan, preserves her chastity and obeys her husband, she may enter by any gate of Paradise she wishes.

Reported by Ibn Hibban, al-Bazzaar, Imam Ahmed Ibn Hanbal, at-Tabarani and al-Baani.

The Prophet sallaallaahu alayhi wa sallaam said:

If a woman dies while her husband was pleased with her, she will enter Paradise.

Reported by at-Tirmidhi.

The Prophet sallaallaahu alayhi wa sallaam said:

If a husband calls his wife to his bed (to have sexual relations) and she refuses and causes him to sleep in anger, the Angels will curse her till morning.” In another naration “…until he is happy with her.” (Narrated by al-Bukhaari, 3065; Muslim, 1436)

The Prophet sallaallaahu alayhi wa sallaam said:

If I were to order anyone to prostrate himself before another, I should order a woman to prostrate herself before her husband.

Reported by at-Tirmidhi and Ibn Hibban.

When the Prophet sallaallaahu alayhi wa sallaam was asked which woman was best he replied,

The one who pleases (her husband) when he looks at her, obeys him when he gives a command, and does not go against his wishes regarding her person or property by doing anything of which he disapproves.

Reported by at-Tirmidhi, an-Nasa’i’ and al-Bayhaqi.

A woman approached the Prophet sallaallaahu alayhi wa sallaam informing him that she intends to marry her cousin , and asked what the rights of her husband would be over her, to which he replied,

Were you to lick the snot off of his nose, even then you would not have given him his full rights he has over you.” At which the woman replied, “In that case, I do not wish to get married!

Reported by Ahmad, Al-Bazaar and Silsilat As-Saheeha.

Anas (radiya Allahu ‘anh), that the Messenger of Allah (salla Allahu ‘alayhi wa sallam) said:

It is not permissible for a human being to prostrate to another human being. Were it permissible for a human being to prostrate to another human being, I would have commanded the woman to prostrate to her husband because of his great right upon her. By the One in Whose hand is my soul, if he (the husband) had, from his feet to the top of his head, an ulcer oozing blood and pus, and she came to lick it off for him, she would not have fulfilled his right.

[Recorded in Ahmad and al-Nasa’i, verified as authentic by al-Albani in Sahih al-Jami’ no.7725]

There is another similar narration on Abu Sa’id al-Khudri (radiya Allahu ‘anh), that the Messenger of Allah (salla Allahu ‘alayhi wa sallam) said:

A husband’s right upon his wife is such that if he had an ulcer and she licked it for him, she would not fulfil his right by that.

[Recorded in al-Hakim and Ibn Hibban, verified as authentic by al-Albani in Sahih al-Jami’ no. 3148]

The hadith is authentic according to shaykh al Albani rahimahullah.

Atee’ullah wa atee’ar-rasool. Sami’na wa ata’na
Obey Allah and Obey his Messenger. Indeed we hear, and we obey.

This is an emphasis of the right of the husband over his wife.

Maintaining Chastity Through Marriage

A man’s fulfilling his sexual desire with his wife may often happen as the result of stimulation, by looking or touching etc. Hence fulfilling his desire when it is provoked in such situations is a means of keeping himself chaste and lowering his gaze [from looking at other women].

This is what the Prophet (peace and blessings of Allaah be upon him) taught us to do, according to the hadeeth narrated by Muslim (1403) from Jaabir, who says that the Messenger of Allaah (peace and blessings of Allaah be upon him) saw a woman and he came to his wife Zaynab, whilst she was tanning a skin and preparing it for dyeing, and he fulfilled his need. Then he went out to his companions and said: “Woman comes and goes in the shape of a devil [i.e., she causes temptation], so if any one of you sees a woman, let him go and have intercourse with his wife, for that will take away what he feels in his heart.

This was also narrated by Ahmad, 19403; Ibn Maajah, 1853.

Ibn Hibbaan narrated in his Saheeh, 4171, that ‘Abd-Allaah ibn Abi Awfa said: “The Messenger of Allaah (peace and blessings of Allaah be upon him) said: ‘No woman fulfils all her duties towards Allaah until she fulfils all her duties towards her husband. If he asks her [for his conjugal rights] even when she is on the back of a camel, she should respond to him.’”