Assalamu'alaykum. I read one of your fatwas in which the majority of the scholars decided that the husband is not obliged to pay for his wife's treatment. This has caused me confusion, Is there any of the scholars who obliged the husband to do so? If so, may i know who they are?
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 is His slave and Messenger.
You did not mention to us the number of the Fatwa where we included the scholarly consensus on this issue.
What we know is that the view that is adopted in the Four Schools of jurisprudence is this view, we mean that the expenses on the wife’s medical treatment is not obligatory on her husband; however, some scholars in some Schools are of a different opinion and they are of the view that it is obligatory on the husband; among whom is Ibn ‘Abdul-Hakam from the Maaliki jurists.
Ibn Muflih mentioned in Al-Furoo’ that there is a view in the Hanbali School that it is obligatory, and this view is quoted by Ibn ‘Aqeel in Al-Waadhih.
Some contemporary scholars have argued that this Ijtihaad of our scholars was based on the simplicity of life and the matter of treatment at their time unlike our time.
Dr. Wahbah Az-Zuhayli said in his book Al-Fiqh Al-Islaami wa Adilatihi: “It appears to me that (medical) treatment was not in the past a necessary need and mostly the person does not need treatment, because he adheres to the rules of health and prevention; therefore, the Ijtihaad of the jurists is based on the custom that is prevalent at their time. But now the need for treatment has become like the need for food and nourishment, and even more important; because the sick person often prefers the means of treatment over everything. Can he eat food while he is experiencing and complaining of severe pain that are unbearable and which threaten his life?! Therefore, I believe that the husband must spend on the medication of his wife, just like other necessary expenses…” [End of quote]
Allah knows best.
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