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I am a son, husband and father. My family lives in a joint family with teenage
daughters, within one house. My wife covers in front of non-mehram, with
headscarf and abaya, as do my daughters. My parents are fit and capable,
Alhamdulillah. My brother is unmarried and not practicing. My sister stays
over with her teenage sons, who are also not practicing. As a father, how do I
manage the situation, ensuring peace and tranquil living, as well as observing
the Shariah obligations?
Answer
1. As a son, husband and father, managing the affairs to ensure the Shariah
obligations, please consider the following.
The house with a joint family is divided into private living quarters and
common areas. Women in origin have private living quarters of their own. It
is a place where the woman can uncover, wearing her normal clothes,
without the headscarf and abaya. It is a place that requires permission
(isti'zaan) for entry. It is a sanctuary for her where she can relax, unwind,
arrange her personal belongings and go about her routine. So it can be a
room or rooms, partitioned from the rest of the house.
As for the common areas, beyond the private living quarters, they may
include a shared kitchen or shared sitting room or shared area for washing
clothes. It is these areas that are the basis for arguments, disagreements and
tensions. So be mindful, considerate and wise in your management.
2. The wife has a right to private living quarters. In his book al-Mughni ()المغني,
Ibn Qudaamah (( )ابن قدامةrh) said,
فإذا وجبت السكنى للمطلَّقة فللتي في صلب، … ويجب لها مسكن بدليل قوله سبحانه وتعالى أسكنوهن
وألنها ال، ومن المعروف أن يسكنها في مسكن، ِ قال هللا تعالى َوعَاشِ رُوهُنَّ ِب ْال َمعْ رُوف، النكاح أولى
وفي التصرف واالستمتاع وحفظ المتاع، تستغني عن المسكن لالستتار عن العيون
3. Regarding your father, in the common area, your wife can sit with him,
without the abaya and head scarf. Your father is mehram (forbidden for
marriage) to your wife, after your marriage to her. Your wife speaks to your
father, as she speaks to her own father. Appreciate her good dealings with
your parents. Your parents are well now, Alhamdulillah, but may become
weak as they age.
والشر يتوقع منه، فمعناه= أن الخوف منه أكثر من غيره. الحمو الموت:وأما قوله صلى هللا عليه وسلم
والمراد،والفتنة أكثر لتمكنه من الوصول إلى المرأة والخلوة من غير أن ينكر عليه بخالف األجنبي
فأما اآلباء واألبناء فمحارم لزوجته تجوز لهم الخلوة بها وال،بالحمو هنا أقارب الزوج غير آبائه وأبنائه
والعم وابنه ونحوهم ممن ليس بمحرم وعادة الناس، وإنما المراد األخ وابن األخ،يوصفون بالموت
المساهلة فيه ويخلو بامرأة أخيه فهذا هو الموت وهو أولى بالمنع من األجنبي لما ذكرناه.
What it means is that fear of him is more than others. Evil and sedition are
expected from him more than others. This is because he is able to reach a
woman and be alone with her in seclusion ()خلوة, without being denounced,
unlike a man that is foreign to the home.
What is meant by in-laws here is other than the fathers and children of the
husband, for his fathers and his children are mehram for his wife. It is
allowed for them to be in seclusion with her. They are not characterized as
being death.
What is meant is the brother, the nephew, the uncle and the uncle's son, and
the like, who are not mahrem. Such people usually take it easy, being alone in
seclusion with the brother’s wife. This is death. It is more appropriate to
prevent this, than a man foreign to the home, as we mentioned.”