Marital Rights Under Nikah
2421 *For a woman with whom
permanent marriage is contracted, it is haraam to go out of the house without
the permission of her husband, though her leaving may not violate the rights
of the 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, she will not be entitled for the food, clothes
or housing, even if she continues to live with him. But if she refuses
to obey occasionally, the common verdict is that even then she cannot claim
any entitlement from her husband. But this verdict is a matter of Ishkal.
In any case, there is no doubt that she does not forfeit her Mahr [dowry].
2423 *Man has no right to compel his wife to render
2424 *The traveling expenses incurred by the wife
must be borne by the husband, if they exceed her expenses at home, and if
she had traveled with the husband's permission. But the fares for travel
be car or by air etc. and other expenses, which are necessary for a journey,
will be borne by the wife 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, and she cannot take her
case to the Mujtahid, who would compel him (even by threatening him with imprisonment)
to pay the maintenance, it will not be obligatory upon her to obey her husband
while she is engaged in earning her livelihood.
2426 *If a man, for example, has two wives and spends
one night with one of them, it is obligatory on him to spend anyone of four
nights with the other as well; in situation other than this, it is not obligatory
on a man to stay with his wife. Of course, it is necessary that he should
not totally forsake living with the wife. And as a precaution, a man
should spend one night out of every four with his permanent wife. Of
course, it is necessary that he should not totally forsake living with the
wife. And as a precaution, a man should spend one night out of every
four with his permanent wife.
2427 *It is not permissible for the husband
to abandon sexual intercourse with his youthful, permanent wife for more than
4 months, except when sexual intercourse is harmful to him, or involves unusually
more effort, or when the wife herself agrees to avoid it, or if a prior stipulation
to that effect was made at the time of Nikah by the husband. And in
this rule, there is no difference between the situations when the husband
is present, or on a journey, or whether she is a wife by permanent or temporary
The above was excerpted from "Islamic Laws," English Version of Taudhihul
According to the Fatawa of Ayatullah al Usama Syed Ali al-Husaini Seestani.