Fatwa ID: 02176

Answered by Molana Eunus Ali

Question:

Assalaamu alaykum.
I would like to know what the wife's rights are regarding acconodation and what are the conditions for her to get it. I had tried to search regarding the matter and i read that the wife is entitled to her own space away from in laws if living with them and that it should have a sleeping space, bathroom & kitchen. But what counts as separate accomodation? As a teacher of mine told me it is having a separate private space & does not have to be away from the in laws but this is contrart to what i have read. Alhamdulillah i have a room with lock, a bathroom but kitchen is shared & there is a non mahram in the home which i find difficult. Please advise me as i am confused about what my teacher said after reading so much about the wife being entitled to a separate home

Answer:

The wife is entitled to separate accommodation whether it is a house or a room with a lock within the house that others do not have access to which is not shared by her in laws, so that she may live with her husband and children.

This will be according to their financial ability.

It could be either an owned property, rented or a leased property.

The wife is also entitled to a washroom/toilet and a kitchen which is not used by others where possible.[1]

As far as the Mahram is involved it is narrated by `Uqba bin 'Amir :

Allah's Messenger (ﷺ) said, "Beware of entering upon the ladies. “A man from the Ansar said, "Allah's Apostle! What about Al-Hamu (the in-laws of the wife meaning the brothers of her husband or his nephews etc.)?” The Prophet (ﷺ) replied: The in-laws of the wife are death itself.[2]

The scholars have stated whilst commentating on the above mentioned Hadith that the in laws (non mahram) should avoid entering in to the company of each other and vice versa, just the way one would avoid those things which would lead to death as being in seclusion with non mahram could lead to one being involved in haram.[3]

Only Allah knows best

Written by Molana Eunus Ali

DarulIfta Birmingham.

Checked and approved by Mufti Mohammed Tosir Miah