Fathwa, - A Wife's Right to HousingSeparate From Her In-Laws and Others

Question:
I would like to know what the husband's obligations are towards his
wife regarding providing shelter for her. The husband makes his wife
live with his family (in-laws) and makes her share the household
facilities with other members of the family (kitchen, bathroom), and
this is causing a lot of problems for the wife and she does not have
her privacy either. The husband is capable of providing separate
residence and facilitiesbut does not, and the wife is having a
difficult time? Please could you explain according the Hanafi School
how to deal with this problem? I have been told that theHanafi
scholars have dealt with such things and a woman is entitled to a
separate residence where none of in-law live? Is this true?
Answer:
In the name of Allah, Most Compassionate, Most Merciful,
The Shariah has given certain rights to the husband, just as it has
give rights to the wife. Many times, failure to give the spouses their
rights results in conflict and eventually breakdown of Marriage.
These rights, at times, may not go down to wellwith certain people and
cultures. However, it is necessary for us to educate those Muslims who
have been affected by cultural customs and traditions, and inform them
of the injunctions of Shariah.
The benefit of learning and educating the masses about the rules and
injunctions of Shariah with regards to social affairs is that each
party will appreciate what the other has to offer. Subsequently, this
will lead to respect, love and harmony.
For example, it is not necessary upon the wife to cook for or serve
her parents in-law. Now, many people believe thatit is the duty of the
wife to look after not only thehousehold affairs but all the family
members including the nephew, niece, etc... If she is negligent in any
way, then she is rebuked.
However, if the in-laws did not regard this as an incumbent duty of
the wife, and she on her own accord took care of the household work,
then this work will surelybe appreciated. She will also in turn do her
best to give something back in return for this appreciation.
Therefore, it is our duty that we teach the massesand inform them of
the injunctions of Shariah with regards to social affairs. This may be
a Jihad, and one will no doubt face much opposition from culturally
oriented individuals, but the rewards by Allah will be immense Insha
Allah.
Question: The Wife's Right to an Independent 'Shariah House'
Coming to your question,In the Hanafi school, the wife has a right to
live (and demand to live) separately. It is the duty and
responsibility of the husband to provide her with shelter (suknah).
This shelter must, if she demands so, be free from the interference of
any of the husband's family. The responsibilityof the husband will be
fulfilled if the wife is provided with a separatearea within the
house, and where she is able to keep her belongings andwhere none of
the husband's family members are able to enter.
Imam al-Haskafi states inDurr al-Mukhtar:
"It is necessary for the husband to provide the wife with a shelter
(home) that is free from his and her family members…. taking into
consideration both their economic standings. A separate quarter within
the house that has a lock, separate bathroom and kitchen will be
[minimally] sufficient."
The great Imam Ibn Abidin (Allah have mercy on him) comments on this by saying:
"The reason behind al-Haskafi's statement "Free from his family
members" is that at timesit may be harmful for herto share the house
with other people, as her belongings may not be safe. Also, she will
not able to enjoy her husband's company in the presence of other
people".
Regarding al-Haskafi's statement "Separate bathroom and kitchen", this
may defer from one family to another. Poor people who normally share
these things with other families may find itdifficult to provide a
house with a separate bathroom and cooking area. Therefore, for themit
will be sufficient to provide a separate quarter that has a lock"
(Radd al-Muhtar 3/559-600).
Imam al-Kasani states in his Bada'i al-Sana'i:
"It is necessary to provide the wife with shelter as Allah Most High
Says: "Let the women live in the same stile as you live, according to
your means. And annoy them not, so as to restrict them" (al-Talaq, 6).
So what about the other family members?
If the husband desired her to live with his other wife or his family
members, such as: his mum, sister, daughter from another wife or
relatives, and she refused, then it will incumbent upon him to provide
her with a separate living quarter. The reason for this is thatshe may
be harmed in co-sharing, and her refusal is a sign of harm. Also, the
spouses need tofulfill their mutual sexualneeds whenever the need
arises, which may be difficult with others around.
If the husband provided her with a separate quarter in a large home,
which has a separate lock, then she will not have right to demand fora
total separate house" (Kasani, Bada'i al-Sana'i, Vol.4, P.23).
In Conclusion
In conclusion, it is the responsibility of the husband to provide the
wife with shelter. If she demands it to be separate from the husbands
family, then the husband will be obliged to provide a living quarter
which is free from the interference of others and that it has a
separatelock. As far as the bathroom and cooking area is concerned,
this should also be separate if they are not from a poor family
background (as Ibn Abidin mentions in length in his super commentary),
or else the responsibility will be discharged by providing the above.
And Allah knows best