The verdict on forcing the wife to spend from her salary at home

The verdict on forcing the wife to spend from her salary at home This is a question that is asked to all ladies who encounter such things in the matrimonial home; What does know the answer to The verdict on forcing the wife to spend from her salary at home important things.

And Dar Al Iftaa got a question about The verdict on forcing the wife to spend from her salary at home And his eminence, the great Imam, Sheikh Al-Azhar, Dr. Ahmed Al-Tayeb answered him, so everyone knows the ruling about forcing a woman to spend from her salary at home.

The verdict on forcing the wife to spend from her salary at home

One questioner asked: Does a husband have the right to force his wife to spend at home from his salary in return for treating her well, even though the husband’s income is sufficient and more than his needs?

And Sheikh Al-Azhara responded by saying: “It is legally established that a Muslim woman has her own personality and financial responsibility that is independent of her husband’s responsibility and personality. The wife has nothing to do with what her husband earns, and likewise the husband has nothing to do with wealth and the income of his wife. They are completely separate in matters of property, wealth and income, and therefore the wife has the legal capacity to own property. Contracting and enjoying full capacity to undertake obligations and perform various contracts independent of her husband in this; Accordingly, the Exalted is said:﴿ Do you not prefer what Allah has given you, some of you to some of the people? [النساء: 32].

And on the basis of the above and in the case of the question: It is not allowed for a husband to force his wife, nor to mistreat her so that she spends from her salary or her income on the matrimonial home; Since the wife has her own independent financial responsibility, and since maintenance is obligatory on the husband according to the valid marriage contract, and since the spouses must fear God and protect the whole of their family, and cooperate to establish a decent life between them, affection and mercy dominate.

The decision on the father’s evasion from spending on the house

Dar Al-Iftaa also reported the issue of the ruling on the father’s avoidance of the house. So that he does not bear the responsibility of spending on his wife and children, including their upbringing, putting all the responsibility on the woman?

And the mufti of the Republic, Dr. Shawqi Allam, answered him, saying: The father’s avoiding the house, abandoning his material and moral responsibilities, entails a legal sin against him. One of his legal duties is to support his wife and minor children in all three ways: food, clothing and housing. If he does not do this, that maintenance – which is sufficient enough – becomes his debt from the moment of delay and withholding, and the wife at that time has the right to ask the judge to order her maintenance and the maintenance of his minor children on her husband. Debt owed by the husband .

And he added: The Most High God has legalized marriage for the highest purposes, including: the purity of the soul and the attainment of righteous progeny, and so that mankind may complete his path which the Almighty God intended for him in this world, so that man may establish the inheritance of the Almighty God on Earth, and live it in a clear, safe, uninhibited way. His sign is that He created for you women among yourselves that you may find peace in them, and He placed between you love and affection. grace. [الروم: 21].

Allama al-Baydawi said in Anwar al-Tazil wa Asrar al-Ta’wil (4/204, edition of Dar Ihya al-Turath al-Arabi): [لتميلوا إليها وتألفوا بها.. بخلاف سائر الحيوانات؛ نظمًا لأمر المعاش، أو بأن تعيش الإِنسان متوقف على التعارف والتعاون المُحوِج إلى التوادِّ والتراحم، وقيل: المودة كناية عن الجماع، والرحمة عن الولد] Uh.

God’s Messenger, may God’s prayers and peace be upon him and his family, has hadiths that encourage marriage. Including what Ibn Majah transmitted in “his Sunnah” from Mrs. Aisha, the mother of the believers, may God’s mercy be upon him, that the Messenger of God, may God’s prayers and peace be upon him and his family, said: “Marriage is from my Sunnah, so whoever does not work with my sunnah, then he is not from me, and whoever does not find it, must fast; Fasting is for that and it has come.”

Undoubtedly, both spouses have responsibilities towards each other, as well as responsibilities towards their children. Imam Al-Bukhari reports in his “Sahih” from Abdullah bin Umar, may God’s Messenger, may God’s prayers and peace be upon him and his family, said: “Each of you is a shepherd and responsible for his flock; فَالإِمَامُ رَاعٍ وَهُوَ مسؤولٌ عَنْ رَعِيَّتِهِ، وَالرَّجُلُ فِي أَهْلِهِ رَاعٍ وَهُوَ مسؤول عَنْ رَعِيَّتِهِ، وَالْمَرْأَةُ فِي بَيْتِ زَوْجِهَا رَاعِيَةٌ وَهِيَ مسؤولةٌ عَنْ رَعِيَّتِهَا، وَالْخَادِمُ فِي مَالِ سَيِّدِهِ رَاعٍ وَهُوَ مسؤول عَنْ رَعِيَّتِهِ».

And the guardianship that Almighty God gave to man over woman in His Almighty words: [النساء: 34] Rather, it is: its maintenance and care; Allama Al-Qurtubi said in “Al-Jami’ Li Ahkam Al-Qur’an” (5/ 168, Dar Al-Kutub Al-Masriyya edition): [قوله تعالى: ﴿الرِّجَالُ قَوَّامُونَ عَلَى النِّسَاءِ﴾ ابتداء وخبر؛ أي: يقومون بالنفقة عليهن، والذب عنهن] Uh.

The Almighty God has determined the father’s rights over children, namely: spending on them, taking care of them, entrusting them with upbringing and counseling. The Most High said: [البقرة: 233]; Allamah Fakhr al-Din al-Zayla’i al-Hanefi said in Tabyeen al-Haqeeqa’ (3/62, Bulak edition): [والمولود له هو الأب فأوجب الله تعالى عليه رزق النساء لأجل الأولاد، فلأن تجب عليه نفقة الأولاد بالطريق الأولى] Uh. Almighty God also required him to pay for nursing the children. The Most High said: {So if they nurse for you, give them their reward} [الطَّلاق: 6]This requires that they be provided and spent on them.

The sherif law allowed a woman whose husband does not spend on her to take what is sufficient for her and her child, and to fear God and take nothing but what is the limit of sufficiency without extra. Because she was entrusted with this money and a keeper in her husband’s house, as mentioned before, and the two sheikhs in their “Sahihs” transmitted it from Mrs. Aisha, the mother of the believers, may Allah be pleased with her. : that Hind bint Utba, the husband of Abu Sufjan bin Harb, came to God’s Messenger, may God’s prayers and peace be upon him and his family, and said: O God’s Messenger! Abu Sufyan is a stingy man, and he does not give me what is sufficient for me and my son except what I take from him, and he does not know.

Hanafi, Maliki, Shafi’i and Hanbali jurists agreed that the husband should spend on his immediate children. Allamah al-Marghinani al-Hanefi said in al-Hidaya (4/414, Dar al-Fikr edition): [ونفقة الصغير واجبة على أبيه وإن خالفه في دينه؛ لأنه جزؤه فيكون في معنى نفسه، وتجب النفقة على الأب إذا لم يكن للصغير مال، أما إذا كان فالأصل أن نفقة الإنسان في مال نفسه صغيرًا كان أو كبيرًا] Uh.