Providing a Shelter for the Wife


Bahishti Zewar, Fiqh, Part 4-Nikah (Marriage) in Islam

1. It is wâjib on the man to provide a shelter for his wife. This place must be such that no other relative of the husband lives there. It must be free from any relative of the husband whereby the husband and wife can live without any formalities. However, if the wife does not mind living with others, it will be permissible for him to keep her in the same house with other relatives of his.

September 20, 2010

Feeding and Clothing the Wife


Bahishti Zewar, Fiqh, Part 4-Nikah (Marriage) in Islam

1. It is wâjib on the man to provide his wife with food and clothing. Irrespective of how rich the wife may be, the responsibility of feeding, clothing and providing shelter to the wife rests entirely on the shoulders of the husband.

2. If the nikâh has been performed but she has not gone to live with her husband as yet, she can still claim for the food and clothing. However, if the husband wished to take her to his house and she did not go or was not sent by her parents, then as long as she does not go, she will not be entitled to ask for any food or clothing.

September 18, 2010

Mourning for the Dead


Bahishti Zewar, Fiqh, Part 4-Nikah (Marriage) in Islam

1. When a woman has been issued with a talâqur raj’î, her ‘iddah is that she cannot leave her home until the expiry of the period of ‘iddah nor can she marry anyone in this period. It is permissible for her to beautify and adorn herself.
As for the woman who has been issued three talâqs, one talâqul bâ’in, or her nikâh has broken in some other way – the ruling in all these cases is that such a woman cannot leave her home until the expiry of her ‘iddah, she cannot marry anyone in this period nor can she beautify or adorn herself. All these things are harâm upon her. Abstaining from this self-beautification and remaining in a dishevelled and unkempt manner is known as mourning.

September 16, 2010

Iddah after Death of the Husband


Bahishti Zewar, Fiqh, Part 4-Nikah (Marriage) in Islam

1. A woman’s husband passed away. She must now observe the ‘iddah for four months and ten days. She must live in the house in which she was staying at the time of her husband’s death. It is not permissible for her to go out of that house. However, if a woman is very poor and does not have the resources to lead a normal life, and she takes up a job of cooking for someone or takes up some other similar job, it will be permissible for her to leave her house. However, she will have to spend the night in her home.

September 14, 2010

‘Iddah after Talâq


Bahishti Zewar, Fiqh, Part 4-Nikah (Marriage) in Islam

1. When the husband divorces his wife or their nikâh is annulled through khula’, zihâr, ’îlâ’ or any other way, or the husband passes away – then in all these cases the woman has to remain in a house for a certain period of time. As long as this period does not expire, she cannot go to any other place nor can she marry another person. Once this period expires, she can do whatever she wishes. This period of waiting is known as ‘iddah.

August 10, 2010

Disappearance of the Husband


Bahishti Zewar, Fiqh, Part 4-Nikah (Marriage) in Islam

When a woman’s husband disappears or goes missing and it is not known whether he is alive or dead, then such a woman cannot enter into a second marriage. Instead, she should remain waiting in the hope that her husband will return. When she remains waiting until such a time that her husband must have reached 90 years of age, we will give the ruling that he must have passed away by now. Based on this, if a woman is still young and she wishes to remarry, she must wait until her husband’s age must have reached 90, thereafter she must complete her ‘iddah, and then she can enter into a second marriage. However, the condition for this is that the ruling that her first husband must have passed away by now will have to be passed by a Shar’î judge.

August 8, 2010

Li’ân – Allegation of Adultery


Bahishti Zewar, Fiqh, Part 4-Nikah (Marriage) in Islam

When the husband accuses his wife of adultery or rejects a particular child as being his own child, then both the husband and wife have to go to a Shar’î judge. The judge will ask both of them to take an oath. First, the husband will take the following oath: “I make Allah my witness and say that I am speaking the truth with regard to the act for which I have accused her.” He should take this oath four times. The fifth time he must say: “If I am lying, may Allah’s curse descend upon me.”

August 6, 2010

Kaffârah


Bahishti Zewar, Fiqh, Part 4-Nikah (Marriage) in Islam

1. The kaffârah for zihâr is the same as that which was mentioned for fasting. There is no difference between the two. We have mentioned these masâ’il in detail in Part Three of Bahishti Zewar. Please refer to them. A few necessary matters which were not mentioned previously will be mentioned here.

August 4, 2010

Zihâr or Likening the wife to one’s mother


Bahishti Zewar, Fiqh, Part 4-Nikah (Marriage) in Islam

1. A person says to his wife: “You are equal to my mother.”,”To me, you are equal to my mother”, “According to me, you are equal to my mother”, “According to me, now you are similar to my mother or like my mother”. In all the above cases, look at the intention of the person and what did he mean by these words. If he meant that she is similar or equal to his mother in respect and piety or that she is absolutely old just like his mother, equal in age to her, etc. then there will be nothing wrong in saying all these things and no rule will be enforced. Similarly, if he did not intend anything at the time of uttering these words or did not mean what he said but merely blurted these words out, even then no rule will be enforced.

August 2, 2010

Khula or Divorce at the instance of the wife


Bahishti Zewar, Fiqh, Part 4-Nikah (Marriage) in Islam

1. If it is not possible to bring about any conciliation between husband and wife and the husband even refuses to divorce her, it is permissible for the wife to give some money or her mahr to her husband and tell him to let her go in exchange for that money. Alternatively, she could ask him to let her go in exchange for the mahr that he is still owing her. In answer to her request, the husband says: “I let you go.” In saying so, one talâqul bâ’in takes place. The man does not have the right to keep her back or to revoke his divorce.

July 31, 2010