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The
condition that has the most right to be fulfilled
Question:
A prospective wife laid down a stipulation that her husband
will not prevent her from teaching and he agreed to that so
they got married. Does he then still have to maintain her
and her children although she is an employee? Is it permissible
for him to take some of her salary without her approval? If
the woman is religious and does not wish to hear singing and
music but the husband and his family constantly listen to
music and say that the one who does not permit music is being
misled by the devil, is it allowed for the wife to stay or
remain in her family's house due to such a state?
Response:
If the woman stipulates to her fiancee that he will not prevent
her from teaching or from studying and he accepts that stipulation,
such a stipulation is sound and he cannot prevent her from
that after he has conjugated the marriage. This is because
the Prophet (sal-Allaahu
`alayhe wa sallam)
has said:
((The
conditions that have the most right to be fulfilled are those
that make sexual intercourse lawful [i.e., those of the marriage
contract])). This was recorded by al-Bukhaaree
and Muslim.
If
he then prevents her from teaching, she has the option to
stay with him or to seek a separation from the Sharee'ah
judge. However, the husband and his family listening to singing
and music does not invalidate the marriage contract. She must
advise them and inform them that such is prohibited. She also
should not be with them when they partake in that evil. The
Prophet (sal-Allaahu
`alayhe wa sallam)
has said:
((The
religion is sincere advice...)). Recorded by Muslim
in his Saheeh.
The
Prophet (sal-Allaahu
`alayhe wa sallam)
also said:
((Whoever
of you who sees an evil must change it with his hand. If he
cannot do so, then with his tongue. And whoever cannot do
that, then with his heart and that is the weakest of faith)).
Recorded by Muslim
in his Saheeh.
Verses
of the Qur.aan and hadeeth
on this topic are numerous. The husband must also maintain
her and his children from her. He may not take anything from
her salary unless it be by her permission and approval. And
she may not leave his house to go to her family's house or
elsewhere except with his permission.
Shaykh
Ibn Baaz
Fataawa al-Mar.ah
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