You have no right to investigate the privacy of your wife

6-8-2010 | IslamWeb

Question:

As-Salaam-Alaiqum I have a question regarding my rights under Shariah as a husband. I recently asked my wife to provide me with her telephone records as well as her bank statements for the past five years. I also offered her the same from my end for a longer duration of time. 10 years worth of bank statements and as far back as I have records for where the telepone bills are concerned. We got married on a certain date. She said that she would provide me with phone records from that date onwards and records before that date were none of my business! From my point of view I did get married to her on that particular date. But I interacted with her for a a couple of months prior to that. Thus my decision to marry her was based on what she told me during this period. I would just like to satisfy myself by going through these records and reconcile her statements made to me with the facts. Do I have the right to seek these records? And is she obliged under Shariah to make the records available to me? Thanks for your help. May Allah bless you for helping me.

Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

We have already issued Fataawa 85308 and 83157 clarifying the mutual rights of the spouses in Islam, so please refer to them.

Indeed, you do not have the right to investigate the privacy of your wife, whether this is in regard to her telephone records or her bank statements. Also, she is not Islamically obligated to respond to you in this regard. The fact that you had given her some of your telephone records or bank statements does not necessarily mean that she is obligated to give you hers.

We fear that this matter is due to you accusing her of some improper matters, and if this is the case, then seeing what you seek to see from her is a kind of spying on her and this is forbidden. Therefore, you should stop doing so because such an accusation is suspicion and Allaah forbade it as Allaah Says (what means): {O you who have believed, avoid much [negative] assumption. Indeed, some assumption is sin.}[Quran 49:12]

However, what should be taken into account now is her good conduct and her steadfastness on the right path; if she is so, then you should continue your marital life with her in harmony as such whispers and thoughts may lead you to the traps of the devil and to unpleasant consequences. In principle, she is innocent unless the contrary is proven; for more benefit, please refer to Fataawa 133309 and 87877.

As regards what you mentioned about your interaction with her before marriage, if you mean that you had an affectionate relationship with her, then both of you should repent; for more benefit, please refer to Fatwa 81356.

Allaah Knows best.

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