Islamic Law regarding rights and
obligations of husband and wife
Islam has put great stress on the relationship of husband and wife. It has
clearly laid down the respective rights and obligations to avoid confusion and
complication in this regard.
The basis of husband-wife relationship is love and compassion. In this regard
the Quran states,
"And among His sings is this that He has created mates from among yourselves,
that you may live in comfort with them, and he has put love and compassion
among you (husband and wife). Surely in that are sings for those who think "
(30: 21)
The role of husband normatively revolves round the principles that it is his
solemn duty to Allah to treat his wife with kindness, honour and patience, to
keep her honourably of free her from marital bond honourably, and to cause her
no harm of grief (Quran, 2 : 229-32 and 4 : 19). The wife's position has been
explained in the Quran by saying that-
"Women have similar rights over men as men have over
women." (2 : 228)
The husband in Islamic law is under obligation to maintain her wife.
Maintenance includes the wife's right to lodging, clothing, nourishing, care
and well being. The wife has a right to enjoy all these things according to her
status and according to capacity of her husband.
The wife, however, loses her right of maintenance, according to the unanimous
opinion of the Muslim jurists, in case of Nushuz, that is her hatred of
defiance of husband or her attraction to another person.
In case of husband's recalcitrance to maintain wife, the law enforcement
agencies are required to enforce maintenance. The majority of Muslim jurists
also allows the wife the right to seek divorce in such a case. If she wishes
so, the court must comply with her request and grant her the divorce.
The wife has also the right to receive dower from the husband at the time or in
consequence of marriage. The dower is a gift of husband to his wife. This
symbolises an assurance of economic security from the husband towards wife. The
amount can be big or small depending on mutual agreement and economic condition
of the two parties. This is, however, no price of sexual enjoyment. This can
not be so because sexual enjoyment is not a one-sided affair. (Ref: The Family
Structure in Islam, Chapter 3, by Dr. Hammudah Abdul Ati, American Trust
Publications).
The main obligation of the wife as a partner in a marital relationship is to
contribute to the success and blissfulness of the marriage as much as possible.
She should be attentive to the comfort and well being of her mate. The Quran
mentions good wife as "comfort of eyes."
(25 : 74)
The husband has been stated by scholars as the head of the family in Islamic
family system. It is the duty of all family members to obey him in lawful
matters. However, Islam has enjoined on all Muslims to manage their affairs
(which includes family affairs) by mutual consultation. However, in case of
disagreement, the head of the family should be obeyed. The mutual relation of
men and women in Islam is that of "friend" and not of master and servant. The
Quran says,
"Believers men & women are friends to one another (Wali), they enjoin right,
forbid wrong, establish Salat, pay Zakat ,obey Allah & His Prophet"
(9 : 71)
This is the last verse of the Quran on man-woman relationship and it shows that
duties of men and women are basically same. (Please also refer verses 30 : 21;
3 : 194; 2 : 187; 33 : 35)
Husband alone has the right of sexual intimacy with wife. The wife must not
allow any other person to have access to that which is exclusively the
husband's right. Wife has similar right in this regard.
Islam has given the correct principles and instructions regarding rights and
obligations of husband and wife. These principles, if obeyed in true spirit,
would ensure better family and social life.
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