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> Am a husband, in islam isit allow to stay with a muslim man in my
marital house under oneroof,without my wife consent and what is the
ruling regarding to that.
Praise be to Allah.
The husband is obliged to provide his wife with separate accommodation
that willshield her from people's view and protect her from cold and
heat, in which she can take care of her private affairs without anyone
disturbing her. The husband does not have the right to force his wife
to live with anyone,because that is harmful to her and impinges upon
her right to privateaccommodation which isguaranteed to her by Islam.
Al-Kaasaani (may Allah have mercy on him) said:if the husband wants
herto live with her co-wivesor with one of her in-laws such as the
husband's mother, sister,daughter from another wife or other
relatives, and she refuses to do so,then he has to provide her with
separate accommodation, because living with others may cause her
annoyance and harm, and her refusal is indicative of annoyance and
harm. Moreover, he needs to be able to be intimate with her at any
time, and that is not possible if there is a third person present with
them. But if there are several rooms in the house and he allocates one
room to her and puts a lock on the door, they said: She does not have
the right to ask himfor separate accommodation.
End quote from Badaa'i' as-Sanaa'i', 4/23
We have previously discussed the wife's right to separate
accommodation and the opinions of the scholars concerning that. Please
see fatwas no. 142998 and 167997 .
With regard to this question, the answer to that depends according to
the nature of this man's stay in the house.
If his stay is temporary, such as if he is a guest for example, then
this is the husband's right and the wife has no right to object to
that, so long as she has a place in the house when she can sleep and
her privacy is assured, without the guest being able to see her. A
woman's living with a man who is a stranger (non-mahram) to her is
permissible subject to two conditions:
1. That there be a mahram or husband present with her
2. That there be several rooms and enough space so that the
stranger cannot see the woman.
It says in al-Ghurar al-Bahiyyah fi Sharh al-Bahjah al-Wardiyyah by
Shaykh Zakariya al-Ansaari (4/364): From this the issues of living in
the same accommodation and khulwah become clear; it is known that it
is permissible for a man to be alone with a non-mahram woman if
amahram (of hers) is present, and that it is not allowed for him to
live in the same accommodation as her unless there are a number of
rooms or the house is spacious enough so that they cannot see one
another. End quote.
One of the indications that it is permissible for a man to host a
guest in his house is the report narrated by Imam Muslim in his
Saheeh, no.2084, from Jaabir ibn 'Abdillah (may Allah be pleased with
him), according to which the Messenger of Allah (blessings and peace
of Allah be upon him) said: "A bed for the man, a bed for his wife, a
third for the guest, and the fourth is for the shaytaan."
This hadeeth indicates that there is nothing wrong with a man having a
bed ready for one who comes to stay with him as a guest. In Fayd
al-Qadeer Sharh al-Jaami' as-Sagheer (4/424) it says: With regard to
the bed for theguest, that is something that should be prepared by the
host, because thatis part of honouring himand giving him his due, and
because he cannot sleep with him and his family in the same bed. What
the hadeeth meansis that if a man wants to have more than one bed,
then the limit is three and the fourth is unnecessary, so it is an
extravagance. End quote.
In fatwa no. 117957 we explained that the wife does not have the right
to object to her husbandhosting a guest in his house so long as that
does not cause her direct harm.
But if this man is going to stay in the house permanently or
long-term, then in that case it is permissible for the wife to object
to that, and it is not permissible for the husband to force her to
accept it, because she will be harmed by the presence of a non-mahram
in the house. It is also contrary to her right to separate
accommodation.
With regard to the rulings on this matter, khulwah between the guest
or lodger and the wife should be avoided (i.e., they should not be
alone together), and lowering the gaze and other matters of Islamic
etiquette should be adhered to. For information on the ruling on
khulwah or being alone with a non-mahram woman, see fatwa no. 94019
With regard to the wife serving her husband's guests, this is a matter
concerning which there is a difference of opinion among the scholars.
The Maalikis and those who agreed with them are of the view that the
wife is not obliged to serve her husband's guests even insituations
where she is obliged to serve her husband.
It says in ash-Sharh al-Kabeer by Shaykh al-Dardeer and Haashiyat
ad-Dasooqi (2/511): If the wife is notable to do housework orshe is
able, and the husband is poor, then she must do basic housework such
as making dough, sweeping, tidying up and cooking for him, butnot for
his guest.
End quote.
Some scholars think that it is obligatory for the wife to serve the
guests on a reasonable basis. Al-'Ayni (may Allah have mercy on him)
said:
The child and wife are obliged to serve the guest as the head of the
household is obliged.
End quote from 'Umdat al-Qaari Sharh Saheeh al-Bukhaari, 5/101
The more correct view is that the wife is obliged to serve her
husband's guests on a reasonable basis. Shaykh Ibn 'Uthaymeen (may
Allah have mercy on him) was asked about a woman whose husband asked
her on some nights of Ramadan to make food for his guests, but when
she did that she felt very exhausted and was not able to pray qiyaam
on those nights – is she obliged to obey him in that regard, if that
goes on for most of the nightsof Ramadan? He said: What is required is
for the wife to treat her husband in a fair and kind manner and for
theman to treat his wife in a fair and kind manner. Allah, may He be
exalted,says (interpretation of the meaning): "Live withthem in
accordance withwhat is fair and kind" [an-Nisa '4:19]. It is not part
of being fair or kindfor the man to make his wife exhausted with
serving him at such times and in such situations. But if he insists
then what his wife should do is obey him, and if she is too tired to
pray qiyaam, or it is too difficult for her, then Allah, may He be
exalted, will record for her what she intended and wanted to do,
because she only failed to do it because of the excuse of doing what
she was obliged to do ofobeying her husband.
End quote.
And Allah knows best.
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