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Fatawaa


Subject : Conditions that must be Met within Wife’s Accommodation

Fatwa Number : 3156

Date : 31-12-2015

Classified : Support of dependents

Fatwa Type : Search Fatawaa


Question :

What are the attributes of wife’s accommodation?



The Answer :

All perfect praise be to Allah, The Lord of The Worlds, and may His peace and blessings be upon our Prophet Muhammad and upon all of his family and companions.

Providing an accommodation for the wife is one of her rights, yet some conditions have to be met in it as follow:

First: The accommodation has to be independent and this condition is to be effective as soon as the wife stipulated that.

It is stated [Al-Inaya] Hanafie’s book:” The husband is obliged to ensure an independent accommodation for the wife and none should be living in it save if the wife chosen so. Besides, Allah, The Exalted joined wife’s accommodation with the expenditure for He says (What means):” Lodge them where ye dwell, according to your wealth” [At-Talaq/7]. Thus, the husband is obliged to provide her a private accommodation and if he didn’t, then this might cause her harm and prevent her of having the pleasure while being engaged in sexual intercourse with him as well her belongings might be damaged or lost.” 

Second: The accommodation must be completely safe for the wife as well her belongings in case the husband was out.

Third: It has to be sociably fit for her in which she is capable to perform the acts of devotion and manage her house much more easily.

Moreover, it is stated:” The husband is obliged to provide a safe accommodation for the wife in which she is completely safe while being alone in case he decided to go out.” [I’anat At-Talibeen vol.4 pp.84].

Accordingly, Jordanian Civil Status Code (No.36 for 2010AD) stated what follows:

Article No. (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 (Dowry), 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."


Article No. (73):” The husband is obliged to provide the wife with a proper accommodation in which she is capable to perform the acts of devotion, manage day to day affairs and ensure safety for her as well her assets.” And Allah knows best.





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