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FatwaFederal TerritoriesMarriage & Family

IRSYAD HUKUM SIRI KE-555 : HUKUM NAFKAH PASANGAN YANG BERNIAGA BERKONGSI KEUNTUNGAN

Is a husband still obliged to give his wife monetary maintenance if both run a business together and share the profits?

Short answer

A husband is obliged to provide maintenance to his wife by scholarly consensus, and this duty remains even when the wife has wealth, income or work.

Federal TerritoriesOpinion (irsyad)

A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.

Authority
Federal Territories Mufti Office
Date
Status
Opinion (irsyad)
Series
Irsyad al-Hukum (Umum)
Topic
Marriage & Family

No evidence of gazettement in the source — this is not a gazetted fatwa.

Summary

A husband is obliged to provide maintenance to his wife by scholarly consensus, and this duty remains even when the wife has wealth, income or work. If the wife willingly forgoes her maintenance, the husband is released from the obligation, but if he refuses to give it, the amount becomes a debt owed to her. The amount depends on the husband's means, and according to the majority of scholars, maintenance of a wife and children takes priority over that of parents.

Written in our own words from the original fatwa — check the source before acting on it.

Para ulama bersepakat (Ijma') suami wajib memberi nafkah kepada isterinya.

Excerpt from the original fatwa · Federal Territories

Read the full fatwa on the Federal Territories website (new tab)

How to cite

Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.

Federal Territories Mufti Office. “IRSYAD HUKUM SIRI KE-555 : HUKUM NAFKAH PASANGAN YANG BERNIAGA BERKONGSI KEUNTUNGAN”, 27 February 2021. https://muftiwp.gov.my/ms/artikel/irsyad-hukum/umum/4685-irsyad-al-fatwa-siri-ke-555-hukum-nafkah-pasangan-yang-berniaga-berkongsi-keuntungan. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/husband-maintenance-couple-sharing-business-profits/

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Evidence cited

Quran verses

  • Al-Baqarah 2:233

Books

  • Mughni al-Muhtaj (al-Khatib al-Syirbini)
  • Tafsir Ibn Kathir

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