|Husband not working and maintenance issues
In the name of Allah, the most Beneficent, the most Merciful.
The Shariah demands that the husband treats his wife with fairness and affection at all times. The Shariah dictates that the wife has an irrevocable right to the following three things:
1. Food must be sufficient for her.
2. Clothing – she must have a least two full sets of clothes.
3. Housing- she must at least have a room, which ensures her privacy.
(Al- Ikhtiyar p.229 v.4)
A good Muslim woman should not place her husband in a situation where he is not able to fulfil her request. This does not mean demanding that one relinquishes her rights, but it is teaching that a wife should only ask her husband for separate accommodation if he is able to give her it. If he is unable to provide a house then he will be fulfilling her rights by giving her one room that only she has a key for, where in she has total privacy whenever she requires it. (Marriage: A form of Ibaadah p.65 –p.66)
With regards to your question, if you are receiving the aforementioned rights i.e. food, clothing and housing whether your husband is paying for it or his family it will be considered you’re rights are being fulfilled. However, if the wife wishes for separate accommodation and it is within the husband’s means then it is necessary for the husband to fulfil this right of hers.
By him going for umrah, which may cost £1,000 to £2,000 does not seem to me that he has enough money at the moment to provide you with a separate accommodation therefore by just providing you with a room at his parents house will be considered that he is fulfilling your rights.
The wife’s privacy and seclusion is more protected if the couple have a house by themselves, therefore encourage your husband to find a job and look after you properly by providing you with all the means and rights possible.
Saaiduna Hakim Bin Muaawiyah Radiallahu Anhu narrates from his father that he asked the Prophet of Allah Sallallahu Alahi Wasalam about the rights of wives against their husbands. He replied: when you eat feed her as well, when you clothe yourself clothe her as well, do not hit her on the face do not curse her, do not sever relationship with her except within the house. (Sunan Ibn Majah p.133 v.1)
Saaiduna Ibn Ali Awfaa Radiallahu Anhu narrates that the Prophet of Allah Sallallahu Alahi Wasalam said: “I swear by that being in whose hands lies Mohammad’s Life! A woman will not be fulfilling her rights of her Lord until she does not fulfil her husbands rights.” (Sunan Ibn Majah p.133 v.1)
Only Allah Knows Best
Mohammed Tosir Miah
Darul Ifta Birmingham