RIGHTS AND OBLIGATIONS

BETWEEN SPOUSES

SECTION 5, MARRIAGE (NIKAH), CHAPTER TWO,

TITLE II. MARRIAGE AND DIVORCE OF THE CODE
OF MUSLIM PERSONAL LAWS

GROUP 2
A I R E S H YA A Z R E E N S I O S - E
A S N I A R . M A N G O N D AT O
I N S H I R A H M . A N S A RY
ISMAEL L. GURO, JR.
Art. 34. Mutual rights and obligations

(1) The husband and the wife are obliged to live together,
observe mutual respect and fidelity, and render mutual
help and support in accordance with this Code.

“O people! You have certain rights over your wives and so

have your wives over you… they are the trust of Allah in
your hands. So you must treat them with kindness.”
Hadith, Reported by Abu Huraira, cit. Nomani, Meaning
and Messages of the Traditions, Vol. IV, p. 133.
(2) When one of the spouses neglects his or her duties
to the conjugal union or brings danger, dishonor or
material injury upon the other, the injured party may
petition to the court for relief. The court may counsel
the offender to comply with his or her duties, and take
such measures as may be proper.

“If you fear a breach between them twain (the man and
his wife), appoint two arbitrators, one from his family
and the other from hers.” Qur-an IV:35
(3) The husband and the wife shall inherit from each
other in accordance with this Code.

“In that which your wives leave, your share is a half if

they have no child; but ifthey have a child, you get a
fourth… in that which you leave, their (your wives)
share is a fourth if you leave no child; but if you leave a
child, they get an eighth…” Qur-an XXX:21

(4) The husband and the wife shall have the right to
divorce in accordance with this Code.
 Art. 35. Rights and obligations of the husband

The husband shall fix the residence of the family. The

Court may exempt the wife from living with her
husband on any following grounds:

(a) Her dower is not satisfied in accordance with the

stipulations; or

“You should not treat them with harshness, that you

may take away part of the mahr;” Qur-an IV:19
(b) The conjugal dwelling is not in keeping with her
social standing or is, for any reason, not safe for the
members of the family or her property.

“Lodge them (the wives) where you dwell according to

your means, and do not harm them as to strengthen
them (that they be obliged to leave your house);”
Qur-an LXV:6
 Art. 36. Rights and obligations of the wife

(1) The wife shall dutifully manage the affairs of the household.
She may purchase things necessary for the maintenance of the
family, and the husband shall be bound to reimburse the
expenses, if he has not delivered the proper sum.

“The righteous woman are devotedly obedient and guard in

what (husband’s) absence what Allah would have them guard.”
Qur-an IV: 34

“He shall bear the cost of their food and clothing on equitable
terms” Qur-an II:33
(2) The wife cannot, without the husband’s consent, acquire
any property by gratuitous title, except from her relatives
who are within the prohibited degrees in marriage.

She is regarded as the safeguard for husband against sin and

not the road to inequity, a strong fortress against inroads of
the devil and not the gate of the devil, a lighthouse of virtue
that saves man from shipwreck when tossed by the raging
waves of passion, and not the instrument of the devil’s
works, and a great transformer of a brute husband into an
angel (2:38-40)
(3) The wife may, with her husband’s consent, exercise any
profession or occupation or engage in lawful business which is
in keeping with Islamic modesty and virtue. However, if the
husband refuses to give his consent on the ground that his
income is sufficient for the family according to its social
standing or his opposition is based on serious and valid
grounds, the matter shall be referred to the Agama
Arbitration Council.

“If you fear a breach between them twain (the man and his
wife), appoint two arbitrators, one from his family and the
other from hers.” Qur-an IV:35
(4) The wife shall have the right to demand the
satisfaction of her mahr.

“And give the woman (in marriage) their dower”

Qur-an IV:4

(5) Unless otherwise stipulated in the marriage

settlements, the wife retain ownership and
administration of her exclusive property.
(6) The wife shall be entitled to an equal and just
treatment by the husband.

“And women shall have rights similar to the rights

against them, according to what is equitable.”
Qur-an II:228

“Live with them (wives) on a footing of kindness and

equity.” Qur-an IV:19