The Prophet (pbuh) has laid down the
basis on which the marital relationship is established. He (pbuh) has enjoined
his followers to treat their wives well. He says: "I enjoin you to be good
to your women." We cannot fulfill the prophet's instructions unless we
establish a relationship with our wives on the basis of mutual care and
kindness. The Prophet (pbuh) has highlighted the importance of taking good
care of our women when he (pbuh) made that one of the three areas to which
he has drawn our attention just before he (pbuh) passed away. He (pbuh)
repeated these recommendations: "Attend regularly to your prayer. Do not
charge your slaves with what they cannot bear. Fear Allah in your treatment
of woman." With all this emphasis on taking good care of women, Islam has
outlined certain rights and duties for both man and woman which must be
honored. Both can claim equal rights against each other, except for those
minor differences which are necessitated by the nature of their roles and
the way they are created. Allah says in the Qur'an: "In accordance with
justice the rights of the wives (with regard to their husbands) are equal
to the (husband's) rights with regard to them." (2:228). It is true that
many people do not pay any heed to such an instruction. However, a true
Muslim always tries to do his duties, hoping to earn Allah's pleasure.
His efforts to do what is required of him is not motivated by his fear
of the law; its primary motivation is acting on Allah's instructions. This
has not been said in generalities. The Prophet (pbuh) has specified the
rights of a woman against her husband when he was asked by one of his men
companions: "Messenger of Allah, what rights a man's wife holds against
him?" He answered: "That you feed her when you find food to eat, and dress
her when you dress yourself, and that you do not strike her on her face
and do not abuse her verbally, and that you do not boycott her except within
the home." (Related by Abu Dawood and Ibn Hibban). We see, then, how it
is not permissible for a Muslim to ignore or overlook supporting his wife.
It is not up to him to decide whether to provide her with clothes. That
is a right. The Prophet (pbuh) says: "It is sufficient of a sin for anyone
to allow those entrusted to his care to perish." It is forbidden, as we
have seen, for a man to hit his wife on her face. This is the worst humiliation.
Besides, we have some very important organs in our heads. A strike on the
face could cause blindness, deafness, a broken tooth or jaw or a bleeding
nose. This is not permissible. While Islam has given a husband the right
to discipline a disobedient wife, it has left only a very small room for
hitting her as a last resort when all efforts to make her see reason have
failed. Besides, such a strike must not be painful. In order to understand
what sort of beating is allowed, we can refer to a Hadith which quotes
the Prophet (pbuh) as threatening a servant of his when he (pbuh) was angry
with her: "If it was not for my fear that Allah will inflict His punishment
on me on the day of judgment, I would have beaten you with this "miswak"
(tooth brush) until it hurts." You need only imagine what sort of pain
could the beating with a "miswak" cause. It is also not permissible for
a Muslim to hurl verbal abuse on his wife. It is needless to say that verbal
abuse creates ill-feeling. Islam is keen not to allow such ill-feeling
to develop. Moreover, the Prophet (pbuh) reminds us that our relationship
with our wives is so intimate that it must not be allowed to be strained.
Otherwise, we land ourselves in contradictions which are bound to have
a bad effect on our marriage. The Prophet (pbuh) portrays beating a woman
in a very bad light, as he (pbuh) says: "How is it that any one of you
could beat his wife as he beats a slave, when he may have intercourse with
her at the end of the day?" Referring to those who beat their wives, the
Prophet (pbuh) says: "You will not find these among the best of you." According
to Lady Aisha, "Allah's messenger has never beaten any of his wives or
servants. Indeed, he never beat anyone except for the cause of Allah or
when what Allah has consecrated was violated: He would then punish those
who violated them." The Prophet (pbuh) has outlined the rights of a man
against his wife. He (pbuh) says: "It is not permissible for a woman who
believes in Allah to admit into her husband's home anyone whom he does
not like to be admitted, or to go out when he disapproves, or to obey anyone
against her husband, or to banish herself from his bed, or to hit him (if
she is stronger than him). If he has started with unkindness, she should
try to please him. If he accepts, then she has done well and Allah will
accept her effort and make her argument stronger. If he does not respond
to her reconciliation attempt, then she has done what is required of her."
(Related by Al-Hakim). Both man and wife should be considerate, realizing
that their life together is a partnership in which they have equal rights.
Neither of them should be domineering so as to negate the personality of
the other. A woman is required to obey her husband but he also must consider
her wishes and preferences. When we speak of obedience, we are not talking
about a highly disciplined life, where a woman is held to account for every
slight deviation from a set rule. We are simply speaking about an ultimate
possibility to which recourse can be made when differences cannot be amicably
resolved. Within their home and in what relates to their life together,
a woman has to give priority to her husband. His requests take precedence
over those of her parents, but in neither case is she allowed to obey anyone
in what constitutes disobedience to Allah. If a quarrel takes place between
a man and his wife and he wants to send her to her parents' home, she may
go. This should not be prolonged because the normal situation is for a
man and wife to live together. You ask how long is she allowed to stay
with her parents. There is no maximum limit as long as this is felt to
be conducive to reconciliation. However, the situation becomes improper
if the break between man and wife becomes total, but he is unwilling to
divorce her in order to prevent her from marrying someone else. It is not
permissible for a man to hold his wife in such a manner, neither giving
her the life of a married woman nor setting her free so that she can marry
another man. If he is making demands, particularly unreasonable ones, in
order to grant her divorce, he goes beyond the limits of what Allah has
allowed. A man does not need his wife's permission to marry another woman.
Allah has granted him this privilege and he may exercise it if he thinks
that he can cope well with its requirements. The main requirement is to
treat his two or more wives fairly. Justice must be maintained between
them. Otherwise, he is not allowed to marry more than one. If a man wants
to divorce his wife, he should make sure first that their marriage cannot
work. He should exhaust all possibilities of reconciliation. Islam provides
for a method of arbitration when each of them appoints an arbiter and the
two meet together to find some way out of the difficulties the married
couple have been experiencing. If that fails and divorce seems the only
way out, then the man must make sure of divorcing at the right time. It
is forbidden, for example, to divorce a woman when she is in her menstruation
period. He then declares that he divorces her, but he pronounces the word
of divorce once only. It is forbidden to say it three times in succession,
as many people do. She then starts her waiting period, staying in the family
home, i.e. her husband's home, but using a separate bedroom. He has to
support her during her waiting period and she need not cook for him or
do any household duties. During her waiting period, they have a chance
to reinstate their marriage without the need to have a fresh marriage contract.
Two witnesses need to be called to witness the divorce and the remarriage
if that happens. When the waiting period is over, the divorce is complete.
He should pay her all her dues such as deferred dower, if any. She rejoins
her family and she may marry another man. If they want to remarry, after
the waiting period is over, they need to have a new marriage contract.
He must pay her a new dower, provided that the divorce is a first or second
time one. If the divorce has taken place for a third time, they cannot
remarry until she has married another man which should be a full and complete
marriage, intended to last until either of them dies. If it so happens
that she is divorced by this second man or if he dies, she may marry her
first husband, if they both agree.