Fatwa ID: 06317

 

 

Answered by: Maulana Burhaan Rahman

 

Question:

 

I came across a matter where a wife claims that whenever she needs money and asks her spouse, he delays until he needs her spouse and then pays her according to his enjoyment. The more he enjoys the more he pays this process is being repeated for the past 6 years. What can she do now in this situation where she is being tortured personally?   Kindly solve this matter through your answer

 

 

 

In the name of Allah, the Most Gracious, the Most Merciful

 

Answer:

 

The husband providing food, household stuff and money for the wife is an obligation in Islam.

 

There are various Hadeeths where it shows that the husband has a duty to finance the wife.

 

Our beloved prophet (SAW) has mentioned:

 

فَاتَّقُوا اللَّهَ فِي النِّسَاءِ فَإِنَّكُمْ أَخَذْتُمُوهُنَّ بِأَمَانِ اللَّهِ… وَلَهُنَّ عَلَيْكُمْ رِزْقُهُنَّ وَكِسْوَتُهُنَّ بِالْمَعْرُوف

 

“Fear Allah regarding women…verily, you have taken them as a trust from Allah. Their rights over you are that you provide for them and clothe them in a reasonable manner.” [Muslim Hadeeth no: 1218]

 

In Al-Binayah it mentions:

 

حق النساء في النفقة من الحقوق الواجبة واللازمة، ولذلك ثبت في الحديث الصحيح عن النبي صلى الله عليه وسلم أنه اشتكت له هند فقالت

“يا رسول الله! إن أبا سفيان رجل شحيح مسيك، أفآخذ من ماله لولدي؟” فقال “خذي من ماله ما يكفيكِ وولدك بالمعروف”.

 

The right of the woman in terms of spending (from the husband) is obligatory and it’s a necessity. That’s the reason why it is mentioned in an authentic narration when hind (RA) complained to the prophet, “oh messenger of Allah, my husband (Abu Sufyan) is being stingy (with wealth), can I take money from him for my son?” the messenger (SAW) replied, “take however much money you need for yourself and for your son”. [Al Binayah vol 2 page 40]

 

So this all shows that wealth (money) has to come all from the husband’s side and can be minimised “only if” the wife is being extravagant.

 

With regards to the question, where you mentioned that the husband is giving the wife money in exchange for some enjoyment (abusive blackmail), this is totally Haram. The husband enjoying himself whilst the wife is getting abused is without a question Haram.

 

A husband must show love and mercy towards his wife, our beloved prophet (SAW) has said:

 

اسْتَوْصُوا بِالنِّسَاءِ فَإِنَّ الْمَرْأَةَ خُلِقَتْ مِنْ ضِلَعٍ وَإِنَّ أَعْوَجَ شَىْءٍ فِي الضِّلَعِ أَعْلاَهُ فَإِنْ ذَهَبْتَ تُقِيمُهُ كَسَرْتَهُ وَإِنْ تَرَكْتَهُ لَمْ يَزَلْ أَعْوَجَ فَاسْتَوْصُوا بِالنِّسَاءِ خَيْراً

 

“I enjoin you to treat women well, for the woman was created from a rib and the most curved part of the rib is its highest point. If you try to straighten it, you will break it. If you leave it as it is, it will remain bent. Thus, I enjoin you to be good to women.” [Bukhari Hadeeth no: 3153]

 

Also with regards to unfairness and injustice, our beloved prophet (SAW):

 

يَا عِبَادِي إِنِّي حَرَّمْتُ الظُّلْمَ عَلَى نَفْسِي وَجَعَلْتُهُ بَيْنَكُمْ مُحَرَّمًا فَلاَ تَظَالَمُوا

 

“O my slaves, I have forbidden Zulm (injustice, unfairness) to myself and I have made it Haram among you, so do not wrong one another.” [Muslim Hadeeth no: 2577]

 

 

 

Only Allah knows best.

Written by Maulana Burhaan Rahman

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham