The Rights of the Married Couple
- :Imam Muhammad Shirazi
The husband has no right over his wife other than the conjugal right, and in the matter of her exit from the house for purposes other than in fulfilling her duties 56 since: 'No creature should be obeyed at the cost of disobedience to the Creator'. 57
These rights are brought together in the following Qur'anic verses :
'And women shall have rights similar to the rights against them according to what is equitable'. 58
'They are your garments and ye are their garments'. 59
'But men have a degree over them'. 60
There is absolutely no right for the husband to transgress with regards to his wife, especially as the marriage has taken place with her consent and with her ability to make conditions and that she has certain rights over the wealth of the man if he divorces her as well as other choices which are at her discretion. She also has the right to make the condition that the man does not marry another beside her, and that she can be the agent in divorcing herself, and that he can not divorce her - as many scholars believe - according to the report that Mansour Ibn Younis said: ' I said to Abu Al-Hasan that one of my colleagues had a wife whom he divorced so she left him. Subsequently he wished her back but the woman said " I will never marry you until you agree not to divorce me and not to marry another besides me". So Abu Al-Hasan asked whether he did so and I said Yes. He said 'He has done ill'. Then he said 'But now, tell him that the condition should stand, for the Emissary of Allah has said, "The Muslims should stand by their personal conditions". This was related by Sheikh Murtada in Al-Makasib. Further detailed study of the hadith and pronouncements of the jurists can be found in the book of Fiqh. 61
56 The following items are incumbent upon her religiously:
1. Undertaking the Hajj pilgrimage.
2. Learning the laws of the religion.
3. Maintaining the bond of kinship for example in visiting the parents.
4. All matters pertaining to preserving one's self and one's religion.
57 Seas of Lights; Volume 10; Page 227.
58 The Holy Qur'an: The Cow (2): 228.
59 The Holy Qur'an: The Cow (2): 187.
60 The Holy Qur'an: The Cow (2): 228.
61 Al-Fiqh series, 'Al-Bay'a', Volumes 111-115.
Adapted from the book; "The Family" by: "Imam Muhammad Shirazi"
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