WIFE'S MAINTAINANCE

Bismillahir RHRH,
Assalamu alaikum WRWB,
HADITH-9 CLASS-Fiqh-Family Law
TEXT:
>From Jabir RA that the prophet SAW[in the long farewell hajj hadith]
said while mentioning women..'upon you is their maintainance(wellbeing)
and clothing with moderation'...Mus.
COMMENTARY:
In Islam it is a right for the woman,that her husband provides for her
maintainance.This entails,as mentioned in the above hadith,upkeep-food,
shelter etc and clothing.A marriage where these will not be provided for
by the husband,as spelt out in the contract,is generally regarded as
invalid.There are other instances where the prophet has remphasized ma-
intainance as a wife's or wives' rights upon their spouses for instances
A,ishah RA reported that Hind bint Utbah,wife of Abu Sufyan,said to the
prophet;Oh messenger of Allah,Abu Sufyan is a mean/miserly person,he
does not give me[for maintainance] what is enough for me and my children
only what I take from him without his knowledge.Is there a sin upon me?
He replied:'Take from his wealth what will be enough for you and your
children,without extravagance'.Their rights include lodgings,clothing,
nourishing,general welfare and well being.

What is the basic minimum?Most Ulama feel there is no particular limit
but the family should be given enough to maintain them.But Imam Shafi,i
has in one narration put a limit to 1-2 Mudus of grains[or equivalent
per day].But from Hind's hadith above and the Quranic verse;'Let the man
of means spend according to his means:and the man whose resources are
restricted,Let him spend according to what Allah has given him.Allah
puts no burden on any person beyond what He has given him 65:7',it
becomes clear that there is no set limit for the amount of food.There
should be no difference from husband's and wife's meals,or between
wives' maintainance in a polygamous setting for Allah SWT also said'Let
the women live in the same style as 'ye live,according to your
means..65:6'.This should be the case for food,lodging and dressing.
Others have also opined that maintainance should take into consideration
her status and his capabilities.

The food that is regarded as necessary is the already processed(cooked)
food:that is acceptable.It has not been promulgated that she processes
or cooks the food,only if she agrees to do that.If he has the means it
is even suggested that he[the husband] employs female servants for her.
Ibn Qayyim in a long narration says that ...but compulsory provision of
money for the wife[in addition to her usual maintainance] has no bases
from the prophet,sahaba or the four Imams,emphasizing that,only their
sustenance has been advocated.Whether money could be substituted for
maintainance also remains debatable.
Hakeem Ibn Muawiyat al-Qushayri reported that his father said:Oh prophet
what are the rights of one's wife upon him?'He replied,to feed her when
you feed,to cloth her when you cloth yourself.....'The hadith stresses
that clothing is also part of maintainance,it does not however specify
the type of dress,other than that it also depends on the husband's
capabilities.

The women entitled to maintainance[nafaqah] are those who are in a
genuine marriage contract and who their husband has consummated the mar-
riage,or is in a position to consummate it by virture of her willingness
or maturity or both.Mere tying marriage knot,without satisfying above
conditions,does not entitle a woman to maintainance.The prophet SAW took
over two years after his marriage to Aisha RA to consumate his marriage
and to start maintaining her.In Nigeria people marry off their daughters
and immediately expect the groom to start sustaining her,without his(or
possibility of)consumating the marriage;this is wrong.Her right to maint
ainance becomes invalid:1-when she refuses her husband in bed(orgoes out
without his permission particularly if he cannot command her to return,
except if she is pregnant)2-Following Li,an(Vows of imprecation) between
spouses even if she is pregnant 3-Following Khul,i(a special separation)
between spouses,except if she is pregnant.Her right to maintainance
remains:1-if she has genuine reasons for refusing her husband eg menses,
pueperal bleeding,sickness,during hajj etc.2-during his absence like
journey,imprisonment-even if following a quarrell with her (or her
imprisonment).

Divorcees(<3) during iddah[seclusion]period should,contrary to practice
in nigeria,be cared for-food & lodging-by the estranged husband to the
end of iddah as per the Quranic injunction.'Let the woman live (in
Iddat) in the same style as ye live...and if they are pregnant,then
spend(continue to maintain) on them until they deliver...65:6'.On the
other hand if a husband dies,his wife,performing iddah of death,should
not be cared for-food and dresses-from the dead husband's wealth,
because the wealth now belongs to heirs.This is another wrong and common
practice among nigerians,where she is often times fed from the
'inheritance'.

It has advanced that the woman is under the care or guardianship of her
husband....who prevents her from seeking for herself.It is necessary,
therefore,that he cares for her.Nowadays,however,many women are not
prevented from working by their husbands;One asks,Is it right?and would
her employment and earnings in anyway shelve some responsibilities off
the husband?Secondly,many single,marriageble,sometimes independent,women
are found in the Ummah.This trend is thought to be partly explainable
by inability of men to afford maintainance to these women after
marriage.Some of these women are actually self sufficient.An ijtihad has
been evolving among some Ulama who feel a type of marriage where the
wife can support herself(feeding & lodging)can be allowed.They argue,it
will hopefully reduce the proportion of single women in the Ummah.These
issues are unclear and remain controversial.Allah knows best.

Finally,the prophet SAW cautioned,'It is enough sin for a man to deny
food to the person[he is enjoined to feed]'and certainly wives and women
should be given their rights without extravagance or miserliness.
Maasalam,AGH.