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 household services.

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 marriage.

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The above was excerpted from "Islamic Laws," English Version of Taudhihul Masae'l,
According to the Fatawa of Ayatullah al Usama Syed Ali al-Husaini Seestani.

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