Husband supporting wife's expenses

Condition in Marriage Contract Regarding Financial Support 

Question #: 5863 

Date Posted: 30-03-2004 

<QUESTION>

My questions to you are: My marriage contract stated upon employment “I'm responsible for utilities, providing for my children and food nothing else.” From my understanding utilities are gas and electricity. Is my husband responsible for everything else? Laundry, phone, storage, etc.

If I weren't employed would my husband be responsible for finding and providing us with healthcare coverage including my children who are Muslim? Is it fair that he pays only $1000.00 a month here in this household because I work and foot the total of all bills at the home of his first wife because she chooses not to? And she doesn't have to because he goes out of his way to make sure her and his children needs are met. If my husband's needs are met sexually and I'm performing my duties as a wife, cooking cleaning, laundry and I decide to work am I entitled to full maintenance? Am I only responsible for what's noted in my marriage contract?

Should I just quit my job and let him be totally responsible for everything full maintenance including healthcare cost and delivery of our unborn child? Please keep in mind that our marriage isn't considered legal by western society so the billing for everything will be sent to me not him and if it's not paid I'll be responsible for payment

<ANSWER>

In the name of Allah, Most Compassionate, Most Merciful,

Financial support and maintenance (nafaqah) is the exclusive responsibility of the husband and not the wife. Allah Most High says:

“Let the man of means spend according to his means, and the man whose resources are restricted, let him spend according to what Allah has given him.” (Surah al-Talaq, V.7)

This financial support (nafaqah) is binding upon the husband throughout the marriage if the wife gives herself to him or offers to. (al-Mawsili, al-Ikhtiyar, 4/229).

Thus, it is your husband’s responsibility to provide you with financial support and maintain you according to his means. He must provide you with adequate shelter, food, cloths and pay all the normal bills, for the responsibility of maintenance rests entirely on the shoulder of the husband. 

However, in accordance with the Qur’anic verse mentioned above, the jurists (fuqaha) mention that in providing this Nafaqah, the financial position of both the husband and wife will be considered. 

The great Hanafi jurist (faqih), Allama Ibn Abidin (Allah have mercy on him) states quoting from al-Bahr:

“The (Hanafi) scholars have agreed on the fact that if both the husband and wife are rich, then the wife will receive the nafaqah of rich people. If they both are poor, she will receive that of the poor. If the husband is poor and the wife is from a rich family or vice versa…then according to the chosen opinion (mufta bihi) in the school, the wife will receive maintenance that is of an average quality.” (Radd al-Muhtar ala al-Durr, 3/574-575)

As for what is stated in your marriage contract that your husband will provide you with certain things and not others, it should be known that even if this was stipulated in the marriage contract, Islamically it is void.

If the conditions that are stipulated in the marriage-contract are contrary to the concept of marriage, such as, the condition that the wife will not receive her dowry, financial support, or the condition that the husband will not have the right to have sexual intercourse with his wife, or that he will divorce his first wife, etc, then such conditions will be void. However, they will have no effect on the validity of the marriage; neither will any of the spouses be obliged to fulfil them.

Imam al-Bukhari (Allah have mercy on him) formed a separate chapter in his famous ‘Sahih’ on the impermissibility of such conditions under the title: “Chapter regarding conditions that are unlawful in the contract of marriage”. Thereafter he produced the following Hadith:

Sayyiduna Abu Hurayra (Allah be pleased with him) narrates that the Messenger of Allah (Allah bless him & give peace) said: “It is unlawful for a woman to ask the divorce of her sister (would-be co-wife) in order to have everything for herself, for she will only receive what is predetermined for her.” (Sahih al-Bukhari, no: 4857)

He also quoted the following statement of Sayyiduna Abd Allah ibn Mas’ud (Allah be pleased with him): “A woman should not make a condition (at the time of marriage) of her (Muslim) sister to be divorced.” (ibid)

The great Hadith master (hafidh), Imam Ibn Hajar al-Asqalani (Allah have mercy on him) states in his monumental commentary of Sahih al-Bukhari:

“As far as those conditions are concerned that go against the concept of marriage, such as the husband will…. not maintain his wife financially, it will not be necessary to fulfil such conditions…although the marriage will be valid.” (Fath al-Bari, 9/812)

Therefore, the condition placed in the marriage contract that you will be responsible for utilities, etc will be void. You are not responsible whatsoever to maintain yourself or pay for the bills etc. However, if your young children are from a previous marriage, then your current husband will not be responsible to pay for their maintenance. Your ex-husband will be responsible for there maintenance.

Finally, remember that these matters are best resolved peacefully with each party putting the interests and needs of the other before their own needs. May Allah Most High assist and bless you and your husband, Insha Allah.

And Allah knows best

[Mufti] Muhammad ibn Adam
Darul Iftaa
Leicester , UK

http://islamqa.org/hanafi/daruliftaa/7840

My wife and I are coming to the logical end of our marriage. The only thing that keeps us together is the 2 two children.

My question is what are my financial commitments to her after divorce? She says they continue until she weds again. Is this the case? She wants the kids, and I cannot separate them from their mother. I will live nearby. Please advise me. As it is, I have a backlog of debt to her, where she forewent nafaqah, and I must repay it. Do I owe anything on top of this?

ANSWER

In the name of Allah, Most Compassionate, Most Merciful,

One of the rights of the wife on the husband is her financial support, which includes food, clothing, shelter, etc…

Allah Most High says:

“Let the man of means spend according to his means, and the man whose resources are restricted, let him spend according to what Allah has given him.” (Surah al-Talaq, V.7)

This financial support (nafaqah) is binding upon the husband throughout the marriage if the wife gives herself to him or offers to. (al-Mawsili, al-Ikhtiyar, 4/229)

If the marriage unfortunately came to an end, then the woman will receive this financial support throughout the waiting period (iddah). Once the post marital waiting period comes to an end, the obligation of Nafaqah no longer remains on the husband.

Allah Most High says:

“Let the woman live (in iddah) in the same style as you live, according to your means. Annoy them not, so as to restrict them. And if they carry (life in their wombs), then spend on them until they deliver their burden.” (Surah al-Talaq, V. 6)

It should be remembered that the wife will be entitled to this financial support (during the waiting period) regardless of whether the divorce was revocable or irrevocable. (Radd al-Muhtar, 3/609)

As far as the Nafaqah for the previous years is concerned, the Fuqaha mention that if a period passed, wherein the husband failed to provide financial support for his wife, the amount he should have paid her does not remain a debt on him.

However, there are two exceptions to this:

1) If both spouses arranged that it will be paid later,

2) The Judge (qadhi) ordered that it should be paid later.

Imam al-Haskafi (Allah have mercy on him) states in his Durr al-Mukhtar:

“Financial support (nafaqah) will not become a debt except with judgment (qadha) or by agreement (radha).” (See: Radd al-Muhtar, 3/594)

Therefore, if you did not make an arrangement with your wife of paying the Nafaqah later, it will not be binding on you to pay her for the previous years. However, if you do, out of your own will, you will be rewarded.

And Allah knows best

[Mufti] Muhammad ibn Adam
Darul Iftaa
Leicester , UK