The marital rights and duties

I. The common rights and duties.

1-A good company in their saying and deeds: as the Almighty Allah said:

« And from His signs is that He created from yourselves, that you find serenity with them and He has set between you affection and mercy surely in this are signs for people who reflect it». [Surat Ar-Rûm/The Romans 21]. Therefore, as the Ulemas said,  the common duties and rights are the results of this affection and mercy. In this context, the Prophet -may peace be upon him- said: « keep a good company with them (women)».

Among the features of a good company the are following ones:

a) Sincere co-operation between the spouses.

b) Tolerance between them.

c) Communication is necessary to solve their problems.

d) A good saying between them.

2- The sanctity of the relationship after marriage: marriage is a sacred tie that joins the wife and the husband and links between two families so, once the contract of marriage is fulfilled, the husband  is not allowed to marry a kind of women who are the forbidden women by marriage.

3-The right of inheritance: right after the contract of marriage is fulfilled, the spouses have the right to inherit each other whenever one of them dies. Moreover, the revocably divorced woman inherits her divorcee if her legal interval is not finished. Moreover, the irrevocably divorced woman with long interval inherits her husband who is at the verge of death, whose aim is to disinherit her, because this divorce is called a “fugitive one”.

4) The confirmation of lineage: Lineage is the right of the children. It is necessary to be preserved so that it  become known.

II. The husband s’ duties (the wife s’ right).

1- Offering the dowry: the dowry is the right of the wife and the husband must give it to her either during or after the contraction of marriage. If the husband divorces her before consummating marriage, the wife receives half of it. The Almighty Allah Said: «And give the women their dowries as a present…». [Surat An-Nissâ/The women, from the verse 04] .

2- The duty of expense: it includes the necessary means for life such as food, water, clothing, shelter… The Almighty Allah Said: «…The father, in the fair known way, shall be responsible for their maintenance and clothing…». [Surat Al-Baqara/The Heifer, from the verse 233].

3- Not harming.

A. Damage or Harass: They can be moral such as verbal injury or physical like beating violently. The Almighty Allah said: « …But do not take them back merely to harass them… ». [Surat AL Baqara/The Heifer, from the verse 231].

B. A-Thihar: it is a pre Islamic habit that Islam abolished. A-Thihar is the fact of telling  one’s wife:  you are forbidden as my mother is. (i.e.  to have no sexual intercourse with her). The Almighty Allah Said: «But those who divorce their wives by Thihar then go back on the words they uttered, he should free a slave before they approach each other, thus you are admonished to do, and God is well aware of what you do». [Surat Al Mujadalah/The Discussion, 03].

C. Al- Illaâ’: it is when the husband swears to not have sexual intercourse with his wife for a particular period. If this period exceeds four months, he has to revert. The Almighty Allah Said: «And whoever swears to deny themselves from their wives, must wait for four months, then if they revert, indeed God is All Forgiving, All Merciful». [Surat Al-Baqara /The Heifer, 226].

D. Inequality in case of polygamy: it happens that the husband leans towards one of his wives, but his leaning and preference should be restricted as to not leave the others in suspense. The Almighty Allah Said: «…Yet do not lean wholly towards one wife so as to leave the other in a state of suspense». [Surat An-Nissaâ/The Women, from the verse 129].

E. Visiting her relatives: the married woman has the right to visit her family when necessary, but without excess.

F. Using her money freely: the woman has a total freedom to use her  money obtained either from an inheritance or a donation. Concerning her monthly salary, the Ulemas agreed on he fact that she has to contribute at least in the home s’ expenses.  

III. The husband s’ rights (the wife s’ duties ).

1- Obedience: The wife must obey her husband. This obedience must be on the frame of the Islamic Charia, because no obedience is required if it results from it the disobedience of God.

2- Staying at home: it is preferable for the wife to stay at her house in order to take care of her husband and her children. Allah The Great Said: «And stay in your houses…». [Surat Al-Ahzab/The Allies, from the verse 33].

3- Disciplining the recalcitrant woman: a recalcitrant woman is the one who disobeys her husband. The Almighty Allah Explained in the following verse how to discipline them. He said: «…But those women in whom you fear recalcitrance, admonish them if they persist, forsake their beds ,and if they still persist hit them in gentle manner (in no physical harming)But if they return to obedience do not take punitive measures against them ». [Surat An Nissaâ/The women, from the verse 34].

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