Why does a woman compromise her rights if she fears her husband's rebellion, while the husband deprives her of her rights if he perceives rebellion from her?
The statement that the marital home is a prison for a woman is incorrect; rather, it is a place of tranquility, affection, and mercy.
Islamic law urges the husband to treat his wife well with kindness, just as it urges the wife to obey her husband and fulfill his rights. Both are responsible for those under their care.
If marital tranquility is lost due to the shortcoming of one of the parties, Islamic law has provided solutions:
Firstly: In the case of the wife's disloyalty (nushuz) (her shortcomings or transgressions): Kind admonition: Reminding her of her duties towards Allah and her husband. Abandonment in bed: Remaining in the same bed while turning one's back, without speaking. Non-violent beating: A beating for discipline, not harm, such as striking with a tooth-stick (siwak). Sending two arbitrators: An arbitrator from his family and an arbitrator from her family to reconcile between them. Forfeiture of maintenance: The husband is permitted to withhold maintenance from a disloyal wife, though it is better if he spends on her with the intention of benevolence.
Secondly: In the case of the husband's disloyalty (his injustice or his failure to fulfill her rights): He must cease his injustice and give his wife her rights. The husband's disloyalty mentioned in the verse: (And if a woman fears from her husband nushuz (disloyalty) or aversion, there is no sin upon them if they make terms of reconciliation between themselves) means the husband's disinterest in his wife due to a non-oppressive reason, such as her illness or old age, not due to his injustice. In this case, the wife may waive some of her rights (such as the dowry or days) to preserve the marital life. Allah has permitted this reconciliation to maintain family cohesion. These solutions are not binding on either party, and each has the right to separate if marital life cannot continue amicably. Islamic rulings regarding marriage and divorce are based on justice and benevolence.
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- Original fatwa ID
- 190764
- Imported
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