عربي
21 ذو القعدة 1440  ,  24 تموز 2019

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Fatwa Number : 3443

Subject : Husband is Obliged to Provide Wife with Proper Separate Accommodation

Classified : Rights of spouses (conjugal rights)

Fatwa Type : Search Fatawaa


Question :

What is the Islamic ruling on the wife who refuses, without a legitimate reason, to live with her husband where he resides?


The Answer :

Praise be to Allah, the Lord of the Worlds.

Allah, the Almighty, has commanded spouses to live with each other on a footing of kindness and equity, and granted each rights as well as obligations. For example, the husband is obliged to provide the wife with a proper separate accommodation: no member of his family is allowed to share that place unless she approves of that and she doesn`t fear for her life and wealth while living there. In this regard, Allah, The Almighty, said, "Lodge them where ye dwell"{At-Talaq, 6}.

"The husband is obliged to provide the wife with a separate accommodation, and none of his family is allowed to live there unless she approves of that." {Al-Enayah- a Hanafi book-V.4/P.397}. Moreover, "The husband is obliged to provide the wife with an accommodation in which she doesn`t fear for her life and wealth."{E-Anat At-Talibeen-a Shafie book-V.4/P.84}.

If he does provide her with that proper accommodation, where she doesn`t fear for her life and wealth, then she is obliged to live with him wherever he resides unless she has a legitimate reason justifying her refusal or unless she had stipulated in the marriage contract that he shouldn`t take her out of her country.

"Refusing to travel with her husband makes her a rebellious wife unless she has a legitimate reason justifying her refusal."{Hashyat Al-Jamal, V.4/P.285}.

In addition, " Having given her the advanced portion of the Mahr (Bridal gift), it is permissible for the husband take the wife from town to town."{Raad Al-Mohtaar Ala Adur Al-Mokhtaar, V.3/P.760}.

Furthermore, it is permissible for the husband to take the wife with him wherever he travels, because the Prophet (PBUH) and his companions used to do so. However, if she had stipulated in the marriage contract that he shouldn`t take her out of her country, then he is obliged to fulfill that condition, because it was narrated from 'Utbah bin 'Amir that the Messenger of Allah said: "The conditions that are most deserving of fulfillment, are those by means of which the private parts become allowed to you."{Sunan An-Nasai`}.
In case she refused, without a legitimate reason, to live with her husband wherever he resides, then she is considered rebellious, and thus loses her right to get maintenance from him. This was also determined by the Jordanian Personal Status Law/Article (72): "The husband is obliged to provide the wife with a proper accommodation (Contains all that is needed for a decent life) according to his ability and in the area where he resides or works. After collecting the advanced portion of her Mahr, the wife is obliged to accompany her husband and live there. She is also obliged to go with him to any place, even abroad. This is provided that she doesn`t fear for her life, honor and wealth. But, if she refuses to obey him, then she loses her right to get maintenance from him."

In conclusion, we advise the husband (Questioner) to resort to peaceful dialogue to solve this problem, and there is no harm in seeking the intercession of those renowned for mending discord. And Allah knows best.







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