opinions

The effects of the marriage contract between Sharia and legislation

What is meant by the effects of a marriage contract is the rights that result from this contract for both parties, or for one of them over the other. Her husband, and finally the rights of the husband over his wife, and based on that, the common rights between the spouses are first: the permission to enjoy and cohabitation between the spouses, because the marriage contract solves what was forbidden, because God Almighty says: “Your wives are your tilth, so go to your tilth as you wish.” Second: proof of lineage, For his saying, may God’s prayers and peace be upon him: “The child is for the bed.” Third: The sanctity of affinity, such as marriage according to the husband’s assets, even if they are higher, or according to the wife’s assets, even if they are superior. Fourth: Proving the right of inheritance between the spouses.

Finally, among the common rights: the good upbringing of children, and taking care of their affairs, as they are the fruit of marriage.

As for the rights of the wife over her husband, they are first: the dowry, which is the money that the wife is entitled to from her husband by contracting with her, and its ruling is that it is obligatory for the husband, according to the Almighty’s saying: “And give the women their alms as a bee.” Secondly: alimony, which is a name for what the husband spends on his wife. And his dependents, including food, clothing, housing, and service, which are obligatory for the wife on her husband according to the contract, whether she is rich or poor, Muslim or of the people of the People of the Book, as long as she surrenders herself to the husband and he is able to enjoy her.

She also has other rights, including not preventing her from completing her education, not preventing her from visiting her ancestors, branches, and brothers, visiting them with kindness, not interfering with her private money, and not harming her, financially or morally, and finally justice between her and the rest of the wives, if the husband has more than one wife.

Hence, we see that the Sharia, with what it enjoined of these rights, has commanded good cohabitation, and that the husband preserves his wife’s moral and human rights, and does not show her hatred, and does not cause her harm, materially or morally.

And if the Islamic Sharia had magnified the rights of the wife, and alerted the husband to the good treatment of her and accompanying her with kindness, then it elevated the husband’s right over his wife.

Among his rights are, first: obedience, which is a right that the wife is obligated to in accordance with the marriage contract, according to the text of the Holy Qur’an: “Men are in charge of women because God has favored some of them over others and what they spend of their money.” Second: The right to decide in the house, so it is not permissible for her to leave house without his permission.

Finally, if we adhere to our true Sharia, this will lead to a reduction in divorce cases that have spread in the courts, for both husband and wife to know their rights and duties, and not be obstinate in their use.

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