Section 2: Maintenance of the wife

The ruling [280]    The maintenance of the wife is in principle intended to cover her reasonable expenses such like using the money to buy cleaning tools, furniture, adornment, and so on. The needs of the wife differ from one era to another, from one culture to another, and from one man to another. Ibn ‘Aadil stated that the wife's maintenance is estimated based on the norms and customs of people. :
i. Food, drinks, and clothing: The scholars are in agreement that the maintenance of the wife in terms of food, drink [281] Some scholars oblige the husband to cover the medication expenses of his wife while others made it obligatory according to the norms of people. , and clothing is binding upon the husband. This consensus is transmitted by: Ibn al-Munthir, Ibn Hazm, al-Kasaanee, Ibn Rushd, Ibn Qudaamah, an-Nawawee, Ibn Taymiyyah, and Ibn Hajar.
ii. Housing and service expenses
1. Housing: The husband is obligated to provide accommodation for the wife; The consensus on that is transmitted by Ibn Hazm and Ibn al-Qattaan.
2. Housemaid The four Madhabs agree that the financially able husband is obliged to cover the expenses of hiring a servant if women of her level and background have housemaids.
iii. Maintenance of the wife after conducting the marriage contract and before consummating the marriage: The maintenance of the wife is binding upon the husband only after the marriage is consummated. This is the view of the majority of scholars, namely: the Maliki, Shafi’i, and Hanbali Madhabs.
iv. Maintenance of the minor wife: The four Madhabs agree that the maintenance of the minor wife who is unable to have sexual intercourse [282]    The four Madhabs agree that if she is able to have intercourse then her maintenance is binding upon the husband. is not binding upon the man.
v. Maintenance of the dhimmi wife: The scholars are in consensus that the maintenance of the dhimmi wife is binding upon the husband. This consensus is transmitted by Ibn Abd al-Barr and Burhaan al-Deen Ibn Muflih.

2. The amount of Maintenance: The maintenance is estimated according to that which is needed to suffice the needs of the wife. This is the view of the majority of scholars, namely the Hanafi, Maliki, and Hanbali Madhabs, and it is the view of some of the Shafi’i scholars. It is reported that this is a matter of consensus among scholars.

3. The inability of the husband to spend on the wife
i. The obligation of maintenance in the event of the husband’s insolvency or financial inability: The majority of scholars hold the view that the husband’s insolvency does not lift the obligation of maintenance of the wife. This is the view of the Hanafi, Shafi’i, and Hanbali Madhabs.
ii. Separation of spouses due to inability to spend on the wife: If the husband is unable financially to provide the maintenance of the wife, and the wife cannot be patient with the situation, she has the right to annul the marriage contract. This is the view of the majority of scholars, namely the Maliki Madhab, the Shafi’i Madhab - according to the more likely the correct view, and the Hanbali Madhab. It is also the view of a group from the righteous predecessors.

4. Time of maintenance
i. Expediting or delaying maintenance:  The four Madhabs are in consensus that it is permissible to expedite or delay the maintenance of the wife upon the agreement of the two spouses.
ii. Overdue and Unpaid Maintenance: The majority of scholars hold the view that the due maintenance of the wife is not waived over time and that the husband is obliged to settle it as the due amounts are considered a debt that he owes to the wife. This is the view of the Maliki [283]  According to the Maliki Madhab, the maintenance of the wife is no longer obligatory upon the husband when he is financially unable to pay it and he would owe the money to his wife if he became unable to pay it after he was financially able. , al-Shafi’i, and Hanbali Madhabs.

5. Justice between wives in terms of expenses and clothing: The husband is obliged to be fair between his wives in terms of maintenance and clothing. This is the view of the Hanafi Madhab, some of the Maliki scholars, and it is the view of Ibn Al-Munthir, Ibn Taymiyyah, Al-Sana’aanee, Al-Shawkaanee, Ibn ‘Uthaymeen, and the Permanent Committee.
6. The maintenance of the disobedient wife and  the working wife
a. The disobedient wife:  the maintenance of the wife is not binding upon the husband if the wife becomes disobedient. This is the view of the four Madhhabs, and it is the view of most of the righteous predecessors.
b. The working wife: The maintenance of the working wife remains binding on the husband if it was stipulated in the marriage contract that she can work. [284]  This is based on the principle that the conditions of marriage contracts are deemed permissible and valid unless there is evidence to state otherwise. See section 1 of Chapter 4 of the Book of Marriage.   ,. This is the view of Ibn Baaz and Ibn ‘Uthaymeen.

7. Maintenance of the wife whose husband is absent for a long time: The scholars are in consensus that the maintenance of the wife whose husband is absent is binding on him.  This consensus was transmitted by Al-Shafi’i, Ibn Al-Munthir, Shaykhee Zaadah, Al-Hattaab, and Al-Dusookee.

8. Maintenance and housing of the woman during her waiting period due to divorce, imprecation, and the death of her husband.
a. Maintenance and housing of the divorcee during the waiting period
i. Maintenance and accommodation of the wife whose divorce is revocable during the waiting period: The maintenance and accommodation of the revocable divorcee are obligatory upon the husband during the waiting period. [285]    This has been discussed previously in Section 2 of Chapter 2 of the Book of Waiting Period.
ii. Maintenance and accommodation of the wife whose divorce is irrevocable during the waiting period
1. If she is pregnant: Maintenance and accommodation of the pregnant divorcee during the waiting period are obligatory upon the husband. [286]    This has been discussed previously in Section 2 of Chapter 2 of the Book of Waiting Period.
2. If she is not pregnant: Maintenance and accommodation of the non-pregnant divorcee during the waiting period are not obligatory upon the husband. [287]    This has been discussed previously in Section 2 of Chapter 2 of the Book of Waiting Period.

b. Maintenance and accommodation of the wife whose husband accused her of adultery through imprecation
i. Maintenance During the waiting period: The maintenance of the wife in such a case is not obligatory upon the husband during the waiting period. [288]    This has been discussed previously in Section 3 of Chapter 2 of the Book of Imprecation.              
ii. Accommodation during the waiting period: It is not obligatory upon the husband to provide accommodation for the wife during the waiting period of imprecation. [289]    This has been discussed previously in Section 3 of Chapter 2 of the Book of Imprecation.


3- Maintenance of the wife who is separated from her husband during the waiting period because of a defect: The wife who is separated from her husband due to a defect in her does not have the right to maintenance [290]    This has been discussed previously in Section 2 of Chapter 2 of the Book of Waiting Period. .
4- Maintenance and accommodation of the wife whose husband died during the waiting period
a. Maintenance for the wife whose husband died during the waiting period
i. If she is not pregnant:    The wife whose husband died is not entitled to maintenance during the waiting period if she is not pregnant [291]    This has been discussed previously in Section 1 of Chapter 2 of the Book of Waiting Period. .
ii. If she is pregnant:  The wife whose husband died is not entitled to maintenance during the waiting period if she is pregnant. [292]    This has been discussed previously in Section 1 of Chapter 2 of the Book of Waiting Period.
b. The accommodation of the widow during the waiting period
The scholars hold two different views regarding whether the widow has the right to accommodate during the waiting period. The first group states that it is not obligatory to provide her with accommodation during the waiting period. The second group hold the view that it is obligatory to provide her accommodation during the waiting period. [293]    This has been discussed previously in Section 1 of Chapter 2 of the Book of Waiting Period.