AL-KAFI #1366: IS the OBLIGATORY because that A HUSBAND TO provide SUSTENANCE (NAFKAH) because that HIS mam IF HIS wife REFUSE come FULFIL THE CONJUGAL rights OF THE HUSBAND?


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Question:

Assalamualaikum Dato’. I desire to ask number of questions about the issues in marriage. For a case where a wife is negligent in fulfilling the conjugal rights of a husband for nearly a year and selalu refuses when asked to have actually intercourse by the husband with variasi excuses and also ignores the advice offered by the husband concerning matters entailing worship to Allah SWT. If the wife acts this way, is the obligatory for the husband to carry out sustenance (nafkah) because that the wife?

Answer:

Alhamdulillah, praise and thanks to Allah because that the many plenty of blessings He has blessed us all with. Blessings and also salutations to the Prophet Muhammad PBUH, his wives, his family, companions and also all itu that monitor his teachings to the work of judgement.

Anda sedang menonton: Nafkah suami kepada istri menurut islam

The Wisdom Behind Marriage

The function of marital relationship is to build the family institution and also it is greatly encouraged in Islam. Its purpose is to tambahan fulfil the organic needs the humans, increasing the Muslim ummah and nurturing calmness and contentment. The encouragement of marital relationship in Islam is for this reason that we can manfaat from it. This is stated in a hadith indigenous Abdullah bin Amr RA wherein the Prophet PBUH said:

الدُّنْيَا مَتَاعٌ، وَخَيْرُ مَتَاعِ الدُّنْيَا الْمَرْأَةُ الصَّالِحَةُ

"The world is yet a (quick passing) enjoyment; and also the finest enjoyment the the dunia is a pious and virtuous woman"

Sahih Muslim (1467)

The same is declared for husband and wife that protect and complement every other. This is stated in the Quran, where Allah SWT state:

هُنَّ لِبَاسٌ لَّكُمْ وَأَنتُمْ لِبَاسٌ لَّهُنَّ

“They are apparel for you and also you are clothing for them.”

Surah al-Baqarah (187)

Dr Mustafa al-Khin state several wisdoms of marital relationship in his book, which are:

Fulfilling the natural desire of humansIncreasing the populace of the Muslim ummah and lineageCreating calmness and contentmentProtecting the character of people from gift damaged or harmedProtecting the umat ​​manusia generationExpanding the household institution and also strengthening cooperation

Nafkah (Sustenance) and also Responsibilities that Husband and Wife

Nafkah (sustenance) is human’s crucial expenses sebagai as food, drink, clothing, home (place come live) and also others. That is dubbed as nafaqah for that is offered or digunakan for these necessities. (See al-Mu’tamad fi al-Fiqh al-Syafi’e, 4/274)

There are numerous Quranic and prophetic evidences that described the matter regarding nafkah, among them is a declare of Allah SWT:

لِيُنفِقْ ذُو سَعَةٍ مِّن سَعَتِهِۖوَمَن قُدِرَ عَلَيْهِ رِزْقُهُ فَلْيُنفِقْ مِمَّا آتَاهُ اللَّـهُۚلَا يُكَلِّفُ اللَّـهُ نَفْسًا إِلَّا مَا آتَاهَاۚسَيَجْعَلُ اللَّـهُ بَعْدَ عُسْرٍ يُسْرًا

“Let a man of properti spend indigenous his wealth, and he who provision is restricted - permit him spend from maafkan saya Allah has given him. Allah melakukan not fee a soul other than maafkan saya He has provided it. Allah will bring about, after ~ hardship, ease.”

Surah al-Talaq (7)

The scholars agreed (reached a consensus) that it is obligatory because that a husband to administer nafkah because that his wife. This is in accordance v the explain of Allah SWT:

وَالْوَالِدَاتُ يُرْضِعْنَ أَوْلَادَهُنَّ حَوْلَيْنِ كَامِلَيْنِۖلِمَنْ أَرَادَ أَن يُتِمَّ الرَّضَاعَةَۚوَعَلَى الْمَوْلُودِ لَهُ رِزْقُهُنَّ وَكِسْوَتُهُنَّ بِالْمَعْرُوفِ

“Mothers might breastfeed their children two complete years because that whoever desire to complete the education . ~ above the dad is the mothers" supplication and dari mereka clothing follow to apa is acceptable.”

Surah al-Baqarah (233)

Obligatory condition for a Husband to carry out Nafkah (Sustenance) for His Wife

Nafkah is a condition on a husband when the wife fulfils the conditions set. In al-Fiqh al-Manhaji, it is separated into 2 conditions:

The wife is ready to it is in intimate (istimta’) and also have intercourse in instances permitted by syarak. And if the mam refuses even if that is slightly, kemudian it is no much longer an duty for the husband to administer for his wife.The wife lives together through the husband in the home chosen by the husband. And it is an obligation for the mam to live there unless if the unsuitable come be resided in according to syarak.

If every these conditions are fulfilled, kemudian it is obligatory because that the husband to carry out every nafkah required by the wife. (See al-Fiqh al-Manhaji: 4/181-182)

Nusyuz

Dr Muhammad Zuhaili defined nusyuz as disobedience. And disobedience because that a mrs is once she disobeys she husband on matters which room made obligatory for her by Allah SWT. (See al-Mu’tamad fi al-Fiqh al-Syafi’e: 4/90)

Allah SWT state:

اللَّاتِي تَخَافُونَ نُشُوزَهُنَّ فَعِظُوهُنَّ وَاهْجُرُوهُنَّ فِي الْمَضَاجِعِ وَاضْرِبُوهُنَّ

“But itu from who you are afraid arrogance - recommend them; , forsake castle in bed; and , strike them.”

Surah al-Nisa’ (34)

The action of nusyuz by a mam is prohibited and also is thought about as one of the utama sins. This is as declared in a hadith from Abi Hurairah RA, where the Prophet PBUH:

إِذَا دَعَا الرَّجُلُ امْرَأَتَهُ إِلَى فِرَاشِهِ فَلَمْ تَأْتِهِ فَبَاتَ غَضْبَانَ عَلَيْهَا لَعَنَتْهَا الْمَلاَئِكَةُ حَتَّى تُصْبِحَ

“When a man calls his wife to involved his bed and also she refuses and does not pertained to him and he spends the night angry, the angels curse she till the morning.”

Sahih Muslim (1436)

Ways to overcome Nusyuz

When there are signs of nusyuz in a person who room acting badly and also sour-faced. Or if a wife utters harsh indigenous to her husband. Hence, in al-Fiqh al-Manhaji, cara to get over this room stated:

It is sunnah for the husband to advise his mam in accordance through the Quran and reminding her regarding her obligatory duties made by Allah SWT on her regarding intimacy and also respect towards her husband. Juga advise her regarding the wrath and punishment that Allah SWT.And if she quiet refuses come change, the husband should forsake her in bed (leaving her to sleep alone). This is an effective way of teaching her a lesson.If she is tho stubborn, the husband have the right to hit her v a light hit i beg your pardon is not injurious v the intentionally of only teaching she a lesson.

If the disagreement is unresolvable, kemudian the instance should be gift to a judge. The judge would kemudian appoint a mediator who is a Muslim and fair. And also the mediator should shot his finest to reconcile the husband and also wife kembali together. (See al-Fiqh al-Manhaji107-108)

Allah SWT state:

وَإِنْ خِفْتُمْ شِقَاقَ بَيْنِهِمَا فَابْعَثُوا حَكَمًا مِّنْ أَهْلِهِ وَحَكَمًا مِّنْ أَهْلِهَا إِن يُرِيدَا إِصْلَاحًا يُوَفِّقِ اللَّـهُ بَيْنَهُمَاۗإِنَّ اللَّـهَ كَانَ عَلِيمًا خَبِيرًا

“And if you fear dissension in between the two, send an arbitrator indigenous his people and one arbitrator from her people. If lock both desire reconciliation, Allah will cause it between them. Indeed, Allah is ever before Knowing and also Acquainted .”

Surah al-NIsa’ (35)

Conclusion

According to the above pertanyaan given, the tindakan of the wife towards the husband need to not have happened. The factor is, that is the duty of the mam to resolve her husband the best she bisa and to fulfil her husband’s needs.

Hence, husband and also wife have to discuss and find the best resolution. If the wife still refuses come change, kemudian the husband need to follow apa has to be recommended in the Quran. Allah SWT state:

اللَّاتِي تَخَافُونَ نُشُوزَهُنَّ فَعِظُوهُنَّ وَاهْجُرُوهُنَّ فِي الْمَضَاجِعِ وَاضْرِبُوهُنَّ

“But those from whom you are afraid arrogance - recommend them; , forsake castle in bed; and , win them.”

Surah al-Nisa’ (34)

Advise her with wisdom and great words through love and also care and also with the intention of do the efforts to readjust her for the better.And if she quiet refuses come change, the husband should forsake she in bed (leaving she to sleep alone). This is one effective way of teaching her a lesson.If she is still stubborn, the husband have the right to hit her through a irradiate hit i beg your pardon is not injurious v the intentionally of just teaching her a lesson.

Thus, it is not obligatory because that the husband to administer nafkah if the wife neglects her duties towards she husband and also committing nusyuz. However, the is ideal if this matter is presented to authority bodies who space responsible for the procedure of sulh which is a component of islamic family legislation in each state. The purpose of this is so that reconciliation and also an agreement mungkin be reached in between the husband and also wife.

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Hopefully, this explanation would keuntungan the questioner. Us pray the Allah SWT give sakinah to our families.