From: fahmyh@qucis.queensu.ca (Hoda Fahmy)
Newsgroups: soc.religion.islam
Subject: Rights of the Muslim Wife
Date: 15 Apr 92 19:08:58 GMT




          The Rights and Obligations of the Muslim Wife
 
 
 
Before discussing the rights and obligations of a woman in a
marital relationship, it is of utmost importance to shed some light
on her rights as a woman in the process of getting married:
 
   The right to choose her own spouse: Her consent MUST be 
obtained for the marriage contract to be binding
 
"A girl came to the Prophet (peace be upon him) and informed
him that her father had married her to her cousin against her
wishes, whereupon the Prophet allowed her to exercise her
choice.  She then said, 'I am reconciled to what my father did
but I wanted to make it known to women that fathers have no
say in this matter'".
                       - Hadith narrated by Ibn Majah
 
   The right to specify conditions in her marriage contract: The 
marriage contract has few necessary provisions.    The
contract requires that there must be two adults consenting in
total freedom to marry each other.  Secondly, the contract
should contain specification of a dowry which is to be paid
by the male to the female.  If these are satisfied, the
contract may contain any other provisions the two partners
agree to include, provided the additional provisions do not
violate the law (e.g., it may stipulate the style of life to
which the man or woman is entitled; it may stipulate the
division of domestic labour).  
 
 
The type of relationship between the husband and the wife can be
appreciated by examining the religious and ethical foundations of
marriage in Islam.
 
    In Islam, marriage is considered as a blessing; it is not only
permitted, but also desirable and commendable.
 
 The husband and wife, as servants of God, must form a
spiritual fellowship as indicated in the Qur'an:
 
"And the believers, men and women, are protecting friends of
one another; they enjoin the right and forbid the wrong, and
they establish worship and they pay the poor-due, and they
obey Allah and His messenger.  As for those, Allah will have
mercy on them.  Lo!  Allah is Mighty, Wise."  
                       - Qur'an (9:71)
                    
 There should exist mutual love, compassion, and closeness in
  a marriage.  As the Qur'an states:
 
 
 
"And among His signs is that He created for you mates from
among yourselves, that you may live in tranquillity with them,
and He has put love and mercy between you; verily, in that are
signs for people who reflect." 
                       - Qur'an (30:21)
          
"They (wives) are your garments and you (husbands) are their
garments." 
                       - Qur'an (2:187)
 
The aforementioned verse expresses the reciprocal closeness
that exists between a husband and a wife - what is physically
and continuously closer to oneself than one's clothing?  
 
 
 
The specific rights of the Muslim wife can be broken down into two
categories: material rights and non-material rights.
 
I. Material Rights:
 
 The right to a dowry:  One of the requirements of the marriage
contract is for the man to pay a dowry or "mahr" to the woman. 
The wife has a right to receive it herself, and dispose of it
in any way she wants. The husband is not permitted to retrieve
any part of it for any reason without the wife's consent.
 
 The right to maintenance by the husband:  Although she may
have her own property/wealth, her husband is obliged to
financially support her and the children in every respect. 
The woman is not obliged to work to support her family - she
has every right to remain at home to care for her children. 
The husband's consistent failure to provide for his wife and
children constitutes a ground on which she may legitimately
seek divorce.
 
"Your wives have a right over you which includes their food
and clothing." 
                       - Hadith narrated by Muslim
 
II. Non-material Rights:
 
 The right to maintain her individuality:  By entering the
married state, the woman does not lose any of the rights which
she possesses as an individual member of society- her
individuality is not merged in that of her husband.  She
keep's her maiden name, and is still a legal personality
(i.e., she can sign contracts).  But she is at the same time
recognized as undertaking new responsibilities of life, which
carry with them new rights.  
 
 The right to have her rights safeguarded: A man takes his wife
as a trust in front of God, and hence must treat her
accordingly.  He must safeguard her rights in the non-material
as well as the material sense.  In the Prophet's Farewell
speech:
 
"O my people! You have certain rights over your wives and so
have your wives over you......They are the trust of Allah in
your hands.  So you must treat them with all kindness."
 
 The right to good treatment, consideration, and companionship:
She has a right to be safe from abuse or injury by her
husband.
 
"It is the generous in character who is good to women, and it
is the wicked who insults them."
 
"The most perfect believers are the best in conduct.  And the
best of you are those who are best to their wives."
 
 The right to have her honour defended:  The husband must
champion against anyone who tries to injure or degrade her in
any way.  Additionally, he should not be unduly jealous or
suspicious of her, watching or controlling her movements,
making big issues out of small matters.
 
 The right to education:  At the time of the Prophet, a mosque
was not only a place of worship, but also a place to seek
knowledge.
 
"If the wife of any one of you asks permission (to go to the
mosque) do not forbid her."
                       - Hadith narrated by Bukhari
 
 The right to adequate sexual relations: Since the woman is
not property or an object but a full legal personality, sexual
intercourse cannot be a random affair, but must be done with
responsibility.  The husband is asked to be gentle,
considerate and loving with his wife, to make their union
agreeable and pleasurable to her, and to try to satisfy her
needs.
 
 The right to restrict her husband from marrying any other
woman while she is his wife:  It is true that polygyny is
allowed in Islam.  Islam does not impose it, but rather it
permits it in certain cases.  There are situations in human
affairs where Muslims consider the best solution to be a
polygynous arrangement.  For example, such an arrangement may
be preferred when there is an excess of women over men or
where there are widowed or divorced women, often with children
and devoid of support.  It must be emphasized that should a
man not have the ability to treat each wife equally, it is
prescribed that he marry only one. 
 
"...but if you fear that you will not do justice (between
them), then (marry) only one." 
                       - Qur'an (4:3)
 
However, Islamic Law enables a woman to make her marriage
monogamous, if she so wishes, by entitling her to write
monogamy into her marriage contract.
 
 The right to seek a divorce:  The woman is given the right to
seek a divorce from her husband if she thinks that life with
him has become unbearable.  Although it the most hated thing
of all permissible things in Islam and is considered only as
a last resort, the husband and wife are allowed to separate
from each other in and equitable and honourable manner.  The
wife may divorce her husband if she acquired this right while
contracting the marriage.  If she did not include a divorce
clause in her marriage contract, she can divorce her husband
by court decision.
 
 The right to maintenance during the separation period: If the
husband and wife decide to pursue a divorce, they must first
go through a waiting period of 3 menstrual periods (or 3
months) during which she may not remarry.  Its aim is not only
to determine whether she is pregnant by her husband, but also
to give her the time to think.  (Any time during the waiting
period, the couple may decide to rescind the divorce and
resume their matrimonial relationship.)  During this waiting
period, her husband has to pay for her full maintenance.  
 
 The right of the divorcee to maintenance during pregnancy: 
Once the divorce is final, and the woman is pregnant with her
former husband's child, she has the right to her full
maintenance for the duration of her pregnancy.  If she is not
pregnant, she has the right to the cost of her accommodation
only.  The husband must financially support any children of
this marriage regardless of their custody.
 
 
Obligations of the Wife:
 
 To reserve herself exclusively for him sexually 
 
 To be sexually available to him whenever he is in need of her
and whenever she is able (i.e., when she is not menstruating);
this is likewise equally her right on him
 
 To keep his secrets and honour the sanctity and privacy of the
intimate relations between them; and this is likewise the
wife's right on her husband
 
 To handle his belongings and money with care and according to
his wishes
 
 To obey him.  In an Islamic household, the husband is
considered to be the head of the family.  However, there can
be no obedience to the creature which involves disobedience
to the Creator, and in matters involving any wrong, sin, or
neglect of the injunctions of Allah she is not to obey anyone. 
Moreover, the husband is asked to be considerate of his wife's
needs, well-being and happiness in anything he asks of her. 
 
 
REFERENCES:
 
Al-Faruqi, I. Islam. Niles:  Argus Communications, 1979.
 
Ali, M. The Religion of Islam. Cairo:  National Publication &
     Printing House.
 
Al-Qaradawi, Y. The Lawful and the Prohibited in Islam. 
Indianapolis:  American Trust Publications.
 
Hamidullah, M. Introduction to Islam.  Paris:  Centre Culturel
     Islamique, 1968.
 
Haneef, S. What Everyone Should Know About Islam and Muslims. 
     Chicago:  Kazi Publications, 1979.
 
Newsgroups: soc.religion.islam