Expecting The Wife Or Her Wali To Provide The Dowry Or
Accommodation Is A Custom That Is Contrary To Sharee‘ah
Islamic Rulings -
Living Shariah Verdicts
Islamic Questions & Answers
Its been a customary practice in my locality
that during the time of marriage the girls parents
build a house for their daughter and that both couples
may live in that house.But in future if any problem
occurs between husband and wife then the wife could
still have her house while the male has no right to
claim the house.This system was made lawful in my
place to give security for females.
Now that am going to be engaged my Dad said that the
fiancee's family haven't built a house yet.And dad
fears that the fiancee's parents haven't come up with
good security even for their daughter and he fears in
future I might not get a good security from them as
well.And dad said he will ask them for the house for
both(me and fiancee) to live in.
I said since it is the husband who should give
security to his spouse then it is not necessary for
the fiancee's parents to build the house.But i also
said if they build it without our own demand let us
take it and i said that after reading the following
verse of the quran from surah Nisa 004.004 And give
the women (on marriage) their dower as a free gift;
but if they, of their own good pleasure, remit any
part of it to you, Take it and enjoy it with right
good cheer.
But in my situation I fear falling into dowry.Please
sheikh kindly clear this doubt.Under the circumstance
i have said is it right of my father to ask the
fiancee's parents to build the house for the girl so
that we both can live in it?
Please reply shiekh for a long time i haven't got any
reply from u. But Allah knows hw busy u are.But please
take some time to clear this for me.
Praise be to Allaah.
The dowry (mahr) is a right that the wife has over her
husband, because Allah says (interpretation of the
meaning):
“And give to the women (whom you marry) their Mahr
(obligatory bridal-money given by the husband to his
wife at the time of marriage) with a good heart; but
if they, of their own good pleasure, remit any part of
it to you, take it, and enjoy it without fear of any
harm (as Allaah has made it lawful)”
[al-Nisa’ 4:4].
Al-Tabari (may Allah have mercy on him) said: What
Allah, may He be glorified and exalted, meant by that
is: Give the women their dowries as a gift that is
required and obligatory.
And he said: It was narrated that Qataadah said,
concerning the words “And give to the women (whom you
marry) their Mahr (obligatory bridal-money given by
the husband to his wife at the time of marriage) with
a good heart”: As an obligation. And it was narrated
that Ibn Jurayj said concerning the words “And give to
the women (whom you marry) their Mahr (obligatory
bridal-money given by the husband to his wife at the
time of marriage) with a good heart”: As an obligation
that is named (specified). And it was narrated that
Ibn Zayd said concerning the words “And give to the
women (whom you marry) their Mahr (obligatory
bridal-money given by the husband to his wife at the
time of marriage) with a good heart”: al-nihlah
(translated here as “with a good heart”, in the
language of the Arabs, refers to something that is
obligatory.
End quote from Tafseer al-Tabari, 4/241.
So it is not permissible to force the wife or her
guardian to provide it, but if the wife takes it and
then gives some of it to her husband or gives some of
her wealth to him, it is permissible to her to do
that, because Allah says (interpretation of the
meaning): “but if they, of their own good pleasure,
remit any part of it to you, take it, and enjoy it
without fear of any harm (as Allaah has made it
lawful)”[al-Nisa’ 4:4].
Accommodation is also a right that the wife has over
her husband, so he is obliged to provide her with
separate accommodation according to his ability; that
is part of the maintenance that he is obliged to
provide. Allah says (interpretation of the meaning):
“Lodge them (divorced women) where you dwell,
according to your means” [al-Talaaq 65:6]. If this
applies in the case of a woman who is divorced, then
providing accommodation for a woman who is still
married is more appropriate.
Moreover, Allah has enjoined kind treatment between
spouses, as stated above. Part of the kind treatment
that is enjoined is providing her with accommodation
in which she and her wealth will be safe. The wife
cannot do without accommodation in order to conceal
her from people looking at her and so that she can
settle down with her belongings. Hence accommodation
is a right that she has over her husband.
The same may be said about accommodation as may be
said about the dowry: it is not permissible to force
the wife or her guardian to provide it.
Based on that, if the wife does not give
accommodation, there is no room for demanding it from
her. You should explain that to your father and not go
along with the custom that is contrary to sharee‘ah.
Allah has made the man the protector and maintainer of
the woman, and one of the reasons for that is that he
spends on her. Allah says (interpretation of the
meaning): “Men are the protectors and maintainers of
women, because Allaah has made one of them to excel
the other, and because they spend (to support them)
from their means” [al-Nisa’ 4:34].
See also the answer to question no. 45527.
And Allah knows best
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