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FatwaFederal TerritoriesMarriage & Family

AL-KAFI #1749: HAK ISTERI YANG WAJIB SUAMI TUNAIKAN BERKENAAN NAFKAH TEMPAT TINGGAL

Can a husband require his wife to pay half the cost of a new home when she feels uncomfortable living with his parents in the first house?

Short answer

A husband's maintenance of his wife takes priority over that of others, including providing housing suitable to local custom and within his means.

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
Al-Kafi li al-Fatawi
Topic
Marriage & Family

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

Summary

A husband's maintenance of his wife takes priority over that of others, including providing housing suitable to local custom and within his means. The fatwa views the first house as already fulfilling his housing obligation even though his parents live there, and feeling uncomfortable is not a strong reason to deny that. If the wife demands another home and he cannot afford it fully, his duty extends only as far as he is able; he may ask for her goodwill to contribute but may not force her. If she declines, he may buy a cheaper house, rent, or return to the first house.

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

Dalam hal ini, kami berpandangan faktor 'tidak selesa' bukan merupakan alasan yang kukuh untuk menafikan nafkah tempat tinggal yang suami sudah sediakan.

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. “AL-KAFI #1749: HAK ISTERI YANG WAJIB SUAMI TUNAIKAN BERKENAAN NAFKAH TEMPAT TINGGAL”, 17 August 2020. https://muftiwp.gov.my/ms/artikel/al-kafi-li-al-fatawi/4596-al-kafi-1749-hak-isteri-yang-wajib-suami-tunaikan-berkenaan-nafkah-tempat-tinggal. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/wife-housing-maintenance-husband-obligation/

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Evidence cited

Quran verses

  • Ali Imran 3:159
  • At-Talaq 65:7

Hadith

  • Tirmizi 194

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