Fatwa ID: 02435

Answered by: Molana Eunus Ali

Question:

Aslamolekum wb, Is a wife entitled to private/separate accommodation which she does not have to share with non-mahrams and is a husband sinful for not providing it given that he has the means to do so? At present my friend is forced to share accommodation with 3 non-mahrams ie they are free to walk in on her in the kitchen etc and she has to share the rest of the house and bathroom. one of the non-mahrams is known to be of poor character and has admitted to being addicted to indecent activity on social media involving non mahram women. The husband considers himself very practicing but as is often the case, he picks and chooses which ever rulings suite him and ignores others. sometimes my friend is left by herself in the house with one or more non-mahram. is the husband sinful for not providing separate accommodation if she requests it from him, bearing in mind that he has the means to do so.

Answer

بسم الله الرحمن الرحيم

In Islam 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, 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 any non-Mahram is involved it is narrated by `Uqba bin 'Amir (may Allah be pleased with him):

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]

Conclusion: For the husband not to provide the wife adequate accommodation in line with the injunction of the Shariah will be in violation of the wife’s right and therefore will render the husband sinful and answerable to Allah.

Only Allah knows best

Written by Molana Eunus Ali

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham