His Wife Asks Him for a House with Independent Facilities
Fatwa No: 384583

Question

salam. pls dont refer to other questions and reply soon if possible. i am going to marry soon. i am studying on the rights of husband and rights of wife in Islam. to demand rights as a husband, one should first ensure the minimum rights of wife. now, it is one of the rights of wife that she get a separate accommodation with independent facilities. i dont have enough money to buy/rent a completely separate home for her. i live with my parents. in my parent's house, there are many big rooms. if i give her a separate big room with attached toilet and door of its own, will that be enough? there's only one kitchen so she will have to share it with my parents. am i obliged to provide more? can she disobey me/refuse my rights given that i didnt provide her a completely separate home, which will be financially a bit tough for me? she will get the basic privacy in my current home

Answer

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

The wife has the right to have an independent accommodation, as stated in the Fiqh Encyclopedia:

"The wife has the right to have a separate housing that has its lock and its facilities, even if it is within the same house ..." [End of quote]

The jurists indicated that the criterion for an independent house is to have an independent kitchen and bathroom/toilets.

Sharh Al-Khurashi ‘ala Mukhtasar Khaleel, from the Maaliki School of jurisprudence, reads: "(The house should be) independent with its facilities and benefits, such as toilets, a kitchen and other needed matters ..." [End of quote]

Also, Tuhfatul-Muhataaj, in the Shaafi’i School of jurisprudence, said about the independent housing: "What is meant is that they should not share something that could lead to disagreement….." [End of quote]

Since, the kitchen is shared between your wife and your family, then the housing is not independent and your wife has the right to ask you for a kitchen that is independent from the kitchen of your family.

We advise you to try to convince your wife to live according to your ability. Many people got married and lived with their families until Allah facilitated the matter for them and they moved to independent homes.

So, if she insists on her right and requests a completely independent housing, including an independent kitchen, then you may look for another wife who would accept your condition; this is better for you than overburdening yourself with something that you cannot bear.

Allah knows best.

Related Fatwa

Search Fatwa

You can search for fatwa through many choices