Is Separate Accommodation Enough Without Privacy?

5 people read this post.

Nasihah (Advice): The Rights and Responsibilities of Husband and Wife

Sayyiduna Amr ibn al-Ahwas radiyallahu anhu reported that Rasulullah (sallallahu alayhi wa sallam) said during his farewell sermon, “Verily, I enjoin you to treat women well, for surely, they are your dependents. You do not have any right to treat them otherwise, unless they commit clear obscenity. If they do so, you may forsake their beds and then ‘strike’ them without hurting them, but if they obey you, then you may not do so. You have rights over your wives, and they have rights over you. Among your rights over them is that they do not give their beds to anyone but you, and they do not let anyone you dislike enter your homes. Among their rights over you is that you treat them well, clothe them, and feed them.” [Sunan Tirmidhi]

______________________________

Question and Answer:

To my understanding, a wife has the right to separate accommodation on account of privacy.

If her in-laws have unrestricted access to her home, she is not allowed to lock it when she goes out, they barge in to fight with her and even enter her bedroom during fights, and when asked to leave they refuse, saying, “This is our son’s house, so it belongs to us,” with the husband agreeing—would the husband’s obligation of providing separate accommodation still be considered fulfilled?

If the husband has provided a separate place for accommodation, such as a house, that meets her needs and is separate from her in-laws’ home, then the condition to provide separate, proper accommodation is fulfilled. However, the wife is entitled to her own private space where no one barges in and disturbs it. While she can’t stop her in-laws from visiting their son’s home, there should be a discussion about the daughter-in-law’s right to privacy. As far as possible, any matters or difficulties should be dealt with amicably, without creating any fights or resentment among the family members.

There seem to be deeper underlying problems with your husband and in-laws. You may consult with our social department and, In Sha Allah, through counselling, problems may be ironed out, and issues should be resolved. This is a great way for the couple to communicate properly with each other in a space where they aren’t influenced or coerced, but can get each other’s feelings across, and through advice and consultation, most matters can be resolved, and the couple can move forward.

We encourage people who are going through difficulties and require counselling, marital or otherwise, to contact our social department by emailing social@jamiat.org.za.

And Allah Ta’ala Knows Best

Mufti Muhammed Hamza Farooqui

Mufti Taahir Hansa

(The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh unless otherwise stated.)

Fatwa Department
Jamiatul Ulama (KZN)
Council of Muslim Theologians
223 Alpine Road, Overport

Durban, South Africa
Tel : +27 (0) 31 2077099

Email: fatwa@jamiat.org.za
Fax : +27(0) 31 2074163
Website : www.jamiat.org.za