Rights of a husband and wife

Category: 

Marriage & Divorce

According to Madhhab: 

Hanafi

Reference: 

1440-618

Question: 

1.Does a
woman have any rights in the house she stays in,or is it only her husbands
right because its his house (who comes in and when etc)? 

2.If a
husband and wife don't agree on a decision regarding the children who gets the
final right to decide? 

3.Who is
most deserving of a man's earnings,his parents or his wife and children? 

4.In the
presence of parents what rights do grandparents have over the children? 

5.Is a
woman eligible to nafaqah ,if her husband is fullfilling all her needs? 

6. Is it
a right of a man to fulfill towards his parents to give them details off
EVERYTHING that happens in his life,does the wife have the right to request
privacy? 

7.a husband can tell the wife not to go to a
certain place or person etc,does a wife have that right also ? 


Answer: 

1) In the Fiqh Kitaabs this right in particular is only for the husband. However, if people with bad habits come and visit, then the wife should advise the husband that he should not invite people with bad habits into the house. (Shaami Vol. 3 Pg. 603) 

2) The husband gets the final right to decide as long as his decision is not against Shariah. (Aap Ke Masa'il Vol. 6 Pg. 334) 

3) If his parents are old and they can’t earn, then his parents, wife and children deserve his earnings equally.

4) Grandchildren should always respect their grandparents. But the grandparents have no preferential rights over the children in the presence of their parents.

5) Nafaqa refers to maintenance, which is compulsory upon the husband, like the obligation of providing food, clothing and shelter for the wife. (Shaami Vol. 3 Pg. 571) 

Perhaps you are enquiring about additional spending/pocket money. The ruling on this is that it is not necessary, but if the husband happily gives such additional spending money, it will be regarded as a gesture of goodwill and good spousal relationship from the husband; hence commendable. Nabi Sallallahu Alaihi Wasallam said,

خيركم خيركم لأهله
“The best from amongst you are those who are best to their wives”. (Tirmidhi, Mishkaat 3252)

6) Yes, the wife has the right to request for privacy. The things that are discussed or done at home are an Amaanat. If the wife requests for privacy the husband cannot disclose any such private matters to his family and friends nor can the wife.

Nabi Nabi Sallallahu Alaihi Wasallam said,
المجالس بالأمانة
“Meetings are confidential”. (Abu-Dawood 4869)

7) If he is going to place were there is no Haraam, then she cannot stop him. However, if he is going to a place of Haraam then she should advise him not to go there. (Aap Ke Masa'il Vol. 6 Pg. 334) 

AND ALLAH TA'AALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST
ANSWERED BY: Zaid Bhikhoo 
CHECKED AND APPROVED BY: Mufti Muhammed Saeed Motara Saheb D.B. 
Islamic Date:١٩ محرم ١٤٤١ 
English Date: 19 September 2019

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