جمعه: 1403/01/10

Rules regarding permanent marriage

 

2421. For a woman with whom permanent marriage is contracted, it is Haraam for her to go out of the house without the permission of her husband. Also, she should submit herself to his sexual desires, and should not prevent him from having sexual intercourse with her, without justifiable excuse. And as long as she does not fail in her duties, it is obligatory on the husband to provide for her food, clothes and housing. And if he does not provide the same, regardless of whether he is able to provide them or not, he remains indebted to the wife.

2422. If the wife does not fulfil her matrimonial duties towards her husband mentioned in the foregoing rulings, she will be deemed sinful. And she will not be entitled for the food, clothes or housing, even physical relationship. In any case, there is no doubt that she does not forfeit her Mahr.

2423. Man has no right to compel his wife to render household services.

2424. The travelling expenses incurred by the wife must not be borne by the husband, if they exceed her expenses at home, except when the husband is himself inclined to take her along with him on a journey, in which case he will bear her expenses also.

2425. If the husband who is responsible for the wife’s maintenance, does not provide her the same, she can draw her expenses from his property without his permission.
And if this is not possible, and she is obliged to earn her livelihood, if it is not possible for her to earn her livelihood and at the same time obey her husband, then, it will not be obligatory upon her to obey her husband while she is engaged in earning her livelihood. However, as per precautionary measures, she should take permission from Mujtahid.

2426. If a man has more than one permanent wife and spends one night with one of them, it is obligatory on him to spend anyone of four nights with the other as well; rather, as per precautionary measures, if a man only has one wife, he should spend one night out of every four with her.

2427. It is not permissible for the husband to abandon sexual intercourse with his youthful, permanent wife for more than 4 months, rather, as per precautionary measures, he should not abandon sexual intercourse for the mention time period, even when the wife is old.

 

2428. If Mahr is not fixed in a permanent marriage, the marriage is in order. And in such case, if the husband has sexual intercourse with the wife, he should pay her proper Mahr which would be in accordance with the Mahr usually paid to women of her category.

2429. If at the time of Nikah for permanent marriage, no time is fixed for paying Mahr, the wife can prevent her husband from having sexual intercourse with her before receiving Mahr, irrespective of whether the husband is or is not able to pay it.
But if she once agrees to have sexual intercourse before taking Mahr, and her husband has sexual intercourse with her, then she cannot prevent him afterwards from having sexual intercourse without a justifiable excuse.

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Friday / 29 March / 2024