Religious Questions on Marital Rights
In this section, we will explore a series of questions and legal rulings that pertain to the rights of spouses in Islamic law:
- Question: What are the shared rights between husband and wife?
Answer: The shared rights between spouses include the sanctity of marital relations, the right to inheritance, the permission for mutual enjoyment, and the obligation of kind and respectful living together.
- Question: What is the wisdom behind the practice of dowry?
Answer: Islam mandates a dowry to prevent men from easily abandoning their wives after consummating marriage. This requirement also highlights the status of the wife in the eyes of her husband, indicating that both the wife and the family as a whole require financial support and commitment.
- Question: What are the limitations on a wife’s obedience to her husband?
Answer: A wife’s obedience to her husband is subject to several restrictions, such as: it should not involve disobedience to God, as there is no obedience to a creation in the disobedience of the Creator. Additionally, her obedience should pertain to marital affairs; if the husband commands her in matters related to her personal assets without her consent, she is not obligated to comply. Moreover, the husband must fulfill his obligations to her first.
- Question: What does the right to intimacy and residence in the home entail, and what corresponding rights does this confer on the wife?
Answer: The right to intimacy involves the wife’s provision of conjugal relations to her husband. The right to residence means that the wife should remain in her husband’s home and may only leave with his consent. In return, this right is balanced by the husband’s obligation to provide for his wife’s needs.
Questions Regarding Family Jurisprudence
Family holds a significant position in Islamic legislation, encompassing various rulings that concern family matters. Below are several issues related to family law:
- Question: What is the wisdom behind marriage?
Answer: The reasons for the permissibility of marriage are numerous. Among the most notable are procreation, emotional and physical enjoyment, attaining human perfection, and collaborating to establish a fulfilling life together—these are among the primary objectives of the union between a male and a female.
- Question: How is “competence” defined in the context of marriage?
Answer: Competence refers to the similarity between spouses in specific matters such as religion, lineage, freedom, and profession to avoid embarrassment.
- Question: What is the ruling on a husband’s obligation to provide for his wife?
Answer: A husband is required to provide for his wife because she is often unable to earn income while fulfilling her role at home. Thus, it is essential for him to support her financially, and she is expected to obey him.
- Question: Who has the right to custody of children?
Answer: Custody is a right for the caregiver as well as for the child. The caregiver has the option to relinquish or waive this right. For the child, if there is no suitable alternative and they require their mother, she is entitled to custody and may be compelled to fulfill this obligation.
Questions About Marital Relations
The following are questions related to marital intimacy and its associated rulings:
- Question: What is the guideline for a husband enjoying relations with his wife?
Answer: The husband should avoid engaging with her in her anal passage and during her menstrual or postpartum periods.
- Question: What is the ruling on touching the wife’s anal area?
Answer: A husband is permitted to view and touch any part of his wife’s body, including the anal region, with the exception of penetration.
- Question: Is sexual intercourse during the postpartum period prohibited?
Answer: Intercourse with a woman during her postpartum period is indeed forbidden.
- Question: Is it permissible for a husband to fondle his wife during her menstrual cycle?
Answer: A husband may engage in physical affection with his wife during this time, provided that it does not involve sexual intercourse.