“O
mankind! Be careful of your duty to your Lord Who created you
from a single soul and from it created its mate and from them
twain hath spread abroad a multitude of men and women. Be careful
of your duty toward Allah in Whom ye claim ( your rights ) of
one another, and toward the wombs (that bore you ). Lo! Allah
hath been a Watcher over you.” (an Nisaa’
4:1)
A'bdullah
ibn U'mar reported that Nabi (saw) said "Beware,
everyone of you is a guardian and everyone of you is accountable
for his guardianship. So the Imaam over his people [naas] is a
guardian and he is accountable for his guardianship and the man
is a guardian over the people of his household [ahli baytihi]
and he is accountable for his guardianship and the lady is a guardian
over the people of the household [ahli baytihi] of her husband
and his children and she is accountable for them and a slave [a'bd]
of a man is guardian over the wealth of his master [sayyidihi]
and he is accountable for it. Beware, because everyone of you
is a guardian and everyone of you is accountable for his guardianship." (BUKHAARI kitaabul Ahkaam [vol.9 no.252]) and in another
version A'bdullah (ibn U’mar) reported that Nabi (saw) "Everyone of you is a guardian and is accountable for his
guardianship so the ameer over his people is a guardian and is
accountable for them. And the lady is a guardian over the house
and children and she is accountable for them and the slave [a'bdu]
is a guardian over the wealth of his master [sayyidihi] and he
is accountable for it so everyone of you is a guardian [raa'in]
and everyone of you is accountable for your guardianship." (BUKHAARI [vol.3 no.730] This hadeeth was narrated with
several different versions by BUKHAARI see [vol.3 no.592, 733]
kitaabul Juma'h [vol.2 no.18] kitaabul Wasayyah [vol.4 no.14]
kitaabun Nikah [vol.7 no.116,128] and similar was narrated by
MUSLIM in his ‘Jaami’us Saheeh’ kitaabul Imaarah
MUSLIM [no.4496-4499])
The Rights of the Husband
1) To be corrected in the Deen
2) Obedience
“Men are in charge of women, because Allah hath
men the one of them to excel the other, and because they spend
of their property (for the support of women). So good women are
the obedient, guarding in secret that which Allah hath guarded.
As for those from whom ye fear rebellion, admonish them and banish
them to beds apart, and scourge them. Then if they obey you, seek
not a way against them. Lo! Allah is ever High Exalted, Great.” (an Nisaa’ 4:33)
The
Rights of the Wife
1) To be taught knowledge of the Deen
“O you who believe! Protect [qoo] yourselves and
your families from a Fire whose fuel is men and stones, over which
are severe angels, who disobey not the commands they receive from
Allah, but do that which they are commanded.” (at
Tahreem 66:6) If the husband can not teach the wife what she needs
to know from the deen by necessity then he must arrange for another
person to do so.
2) To be Corrected in the Deen
[Amr bil Ma’roof wan Nahi anil Munkar] “And
the believing men and the believingwomen are awliyaa’ of
one another, they command the ma’roof and forbid the munkar,
they establish the salah and give the zakah and obey Allah and
His messenger. Allah will have His mercy on them. Allah is A’zeezun
Hakeem.” (at Tawbah 9:71)
3) To be treated with justice
I’yaad bin Himaar reports Nabi (saw) “…The
inmates of paradise will be of three kinds sultaanin muqsit mutasaddiq
muwaffaq (the one in authority who is just, truthful and given
success to do good), and a person full of mercy and tender hearted
towards his relatives and Muslims and a pious self restraining
person having a family….” (MUSLIM kitaabul
Jannah wa Sifaat naa’imaha wa ahliha [no.6853]) “…marry of the women, who seem good to you, two or
three or four; and if ye fear that ye cannot do justice (to so
many) then one (only) or (the captives) that your right hands
possess. Thus it is more likely that ye will not do injustice.” (an Nisaa’ 4:3)
4) To be treated with kindness
“And of His signs is this: He created for you helpmeets
from yourselves that ye might find rest in them, and He ordained
between you love and mercy. Lo, herein indeed are portents for
folk who reflect” (ar Room 30:21) “And
treat them with kindness” (an Nisaa’ 4:19)
5) Mahr
“And give unto the women, (whom ye marry) free gift
of their marriage portions; but if they of their own accord remit
unto you a part thereof, then ye are welcome to absorb it (in
your wealth).” (an Nisaa’ 4:4) “…And
those of whom ye seek content (by marrying them), give unto them
their portions as a duty. And there is no sin for you in what
ye do by mutual agreement after the duty (hath been done). Lo!
Allah is ever Knower, Wise.” (an Nisaa’ 4:24)
However in these days of jaahileeyah when many are suffering and
starving many people squander wealth and make great shows but
Nabi is reported to have said “The best matter is
the easiest” (HAAKIM, BAYHAQI, ABU DAWOOD)
6) Not to take back the mahr
“And if ye wish to exchange one wife for another
and ye have given unto one of them a sum of money (however great),
take nothing from it. Would ye take it by the way of calumny and
open wrong? How can ye take it (back) after one of you hath gone
in unto the other, and they have taken a strong pledge from you?” (an Nisaa’ 4:20-21)
7) Security and Tranquillity
“And of His signs is this: He created for you helpmeets
from yourselves that ye might find rest in them, and He ordained
between you love and mercy. Lo, herein indeed are portents for
folk who reflect.” (ar Room 30:21)
8) Maintenance
This includes food, shelter and clothing. “Men are
in charge of women, because Allah hath men the one of them to
excel the other, and because they spend of their property (for
the support of women). So good women are the obedient, guarding
in secret that which Allah hath guarded. As for those from whom
ye fear rebellion, admonish them and banish them to beds apart,
and scourge them. Then if they obey you, seek not a way against
them. Lo! Allah is ever High Exalted, Great.” (an
Nisaa’ 4:33) Hakeem bin Mua’wiyah al Qushayri reported
on his father’s authority that he asked ‘O Rasool
Allah, what are the rights of the wife of one of us upon her husband?’
Nabi (saw) answered “That you should give her food
when you eat and clothe her when you clothe yourself, not strike
her on the face and do not revile her or desert her except within
the house.” (AHMAD, ABU DAWOOD, NASAA’I,
IBN MAAJAH graded ‘saheeh’ by IBN HIBBAAN and AL HAAKIM)
Jaabir narrated that Nabi (saw) said with regard to women “It is upon you to provide them with their food and clothing
in a reasonable manner.” (MUSLIM, Bulooghul Maraam
[no.979]) and A’bdullah ibn U’mar reportes that Nabi
(saw) said “It is sinful enough for a person not
to fend for those he bound to sustain.” (NASAA’I
and in the version of MUSLIM “…to withhold
food from the one whose food he possesses.”) Abu
Hurayrah reported that Rasool Allah (saw) said “The
upper hand is better than the lower one and one of you should
spend first on those he is responible for providing for, lest
a woman should say ‘feed me or divorce me’” (DARAQUTNI, declared ‘hasan’ by IBN HAJR in ‘Bulooghul
Maraam’ [no.982]) and Abu Hurayrah reported that a man came
to Nabi (saw) and said ‘I have a deenaar’ He (saw)
said “Spend it on yourself” He said
‘I have another’ He (saw) said “Spend
it on your children” He said ‘I have another’
He (saw) said “Spend it on your wife” He
said ‘I have another’ He (saw) said “Spend
it on your servant” He said ‘I have another’
He (saw) said “You know best” (ASH
SHAFI’I, ABU DAWOOD the wife precede the children in the
version from NASAA’I and AL HAAKIM)
9) Not to be hated
“…But consort with them in kindness, for if
ye hate them it may happen that ye hate a thing wherein Allah
hath placed much good.” (an Nisaa’ 4:19)
Hakeem bin Mua’wiyah al Qushayri reported on his father’s
authority that he asked ‘O Rasool Allah, what are the rights
of the wife of one of us upon her husband?’ Nabi (saw) answered “…do not revile her or desert her…” (AHMAD, ABU DAWOOD, NASAA’I, IBN MAAJAH graded ‘saheeh’
by IBN HIBBAAN and AL HAAKIM)
10) Not to be inherited (i.e. married) against her wishes
“O ye who believe! It is not lawful for you forcibly
to inherit the women (of your deceased kinsmen), nor (that) ye
should put constraint upon them that ye may take away a part of
that which ye have given them, unless they be guilty of flagrant
lewdness. But consort with them in kindness, for if ye hate them
it may happen that ye hate a thing wherein Allah hath placed much
good” (an Nisaa’ 4:19)
11) To be commanded to pray
“Enjoin prayer on thy people and be constant therein.
We ask thee not to provide sustenance: We provide it for thee.
But the (fruit of) the Hereafter is for Righteousness.” (Ta Ha 20:132) The Husband and wife must commanded eachother to
pray and if they constantly neglect this then they must divorce.
This is because the salah is the pillar of the deen and so if
this is neglected then the deen is meaningless to them and they
should not be together. The one who does not pray will be executed
by an Islamic government according to the hadd and to some it
is for kufr due to the several authentic ahadeeth that indicated
that.
12) Not to strike her on the face
Hakeem bin Mua’wiyah al Qushayri reported on his father’s
authority that he asked ‘O Rasool Allah, what are the rights
of the wife of one of us upon her husband?’ Nabi (saw) answered “That you should give her food when you eat and clothe her
when you clothe yourself, not strike her on the face and do not
revile her or desert her except within the house.” (AHMAD, ABU DAWOOD, NASAA’I, IBN MAAJAH graded ‘saheeh’
by IBN HIBBAAN and AL HAAKIM)
13) Not to make hijrah (of discipline) from wife except within
the house
Hakeem bin Mua’wiyah al Qushayri reported on his father’s
authority that he asked ‘O Rasool Allah, what are the rights
of the wife of one of us upon her husband?’ Nabi (saw) answered “That you should give her food when you eat and clothe her
when you clothe yourself, not strike her on the face and do not
revile her or desert her except within the house.” (AHMAD,
ABU DAWOOD, NASAA’I, IBN MAAJAH graded ‘saheeh’
by IBN HIBBAAN and AL HAAKIM)
14) To meet the blood relations
The wife has the right to meet her family and silaatur rahm is
a major Islamic obligation |