﷽
("In the name of Allah, the Most Gracious, the Most Merciful")
Rights of Husband and Rights of Wife in Islam
Islam has enjoined upon the husband duties towards his wife, and vice versa, and among these duties are some which are shared by both husband and wife.
We will mention - by the help of Allah - some of the texts of the Quran and Sunnah which have to do with the duties of the spouses towards one another, quoting also from the commentaries and views of the scholars.
Rights of wife in Islam
The wife has financial rights over her husband which are the mahr (dowry), spending and accommodation.
And she has non-financial rights such as fair division between co-wives, being treated in a decent and reasonable manner, and not being treated in a harmful way by her husband.
1- Financial rights of the wife
(a) The mahr (dowry)
This is the money to which the wife is entitled from her husband when the marriage contract is completed or when the marriage is consummated. It is a right which the man is obliged to pay to the woman . Allah says (interpretation of the meaning):
“And give to the women (whom you marry) their Mahr (obligatory bridal-money given by the husband to his wife at the time of marriage) with a good heart.” [al-Nisa 4:4]
The prescription of the mahr demonstrates the seriousness and importance of the marriage-contract, and is a token of respect and honour to the woman.
The mahr is not a condition or essential part of the marriage contract, according to the majority of jurists; rather it is one of the consequences of the contract. If the marriage contract is done without any mention of the mahr, it is still valid, according to the consensus of the majority, because Allah says (interpretation of the meaning):
“There is no sin on you, if you divorce women while yet you have not touched (had sexual relation with) them, nor appointed unto them their Mahr (bridal-money given by the husband to his wife at the time of marriage).” [al-Baqarah 2:236]
The fact that divorce is permitted before consummation of the marriage or before stipulating the mahr indicates that it is permissible not to stipulate the mahr in the marriage contract.
If the mahr is stipulated, it becomes obligatory upon the husband; if it is not stipulated, then he must give the mahr that is given to women of similar status to his wife.
(b) Spending
The scholars of Islam are agreed that it is obligatory for husbands to spend on their wives, on the condition that the wife makes herself available to her husband. If she refuses him or rebels, then she is not entitled to that spending.
The reason why it is obligatory to spend on her is that the woman is available only to her husband, because of the marriage contract, and she is not allowed to leave the marital home except with his permission. So he has to spend on her and provide for her, and this is in return for her making herself available to him for his pleasure.
What is meant by spending is providing what the wife needs of food and accommodation. She has the right to these things even if she is rich, because Allah says (interpretation of the meaning):
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