Wife can work without husband's permission if he does not provide her basic needs

12-1-2014 | IslamWeb

Question:

Assalamu alaikum wa rahmatullahi wa barakatuh. If a sister, who is living in the United States, is married and her husband and adult son are having much difficulty financially supporting her (as well as four other children) is it permissible for her to work outside of the home even though she may have challenges such as working for or with men, having to compromise her hijab (niqab in particular) etc. If she does work outside of the home this will also mean that the four younger children will have to attend a public (non muslim) school. If her working is permissible, due to the above circumstances and the children have to attend a non muslim school, which parent will be held responsible ( in this life and the next) for the corruption of the children due to them not being taught by their mother and being taught by non muslims instead? Also her husband has stated that he does not want her to work but would rather her stay home with the children even though he is not searching for any other means to support her, nor is he willing to relocate to an area where the cost of living is cheaper. Would she be considered disobedient to her husband if she chooses to work outside of the home without his permission due to this matter? This is a case where special needs are not being met such as food, clothing and shelter. Her family has been homeless once before and is on the verge of being homeless again due to this unfortunate situation.

Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His Slave and Messenger.

The husband is obliged to provide for his wife and young children who have no money; please refer to Fatwa 85361.

It is not permissible for him to be negligent in providing for them otherwise he is sinful. Abdullaah ibn 'Amr  may  Allaah  be  pleased  with  him narrated that the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: “It is enough a sin for a person not to provide means of sustenance to those whom he is obliged to support.” [Abu Daawood]

The wife is not obliged to go out to work in order to provide for herself and children, and the husband has no right to force her to do so as clarified in Fatwa 91310.

In principle, it is not permissible for the wife to go out to work without the permission of her husband, but if the husband does not provide the obligatory maintenance due on him, then it becomes permissible for the wife to go out without his permission.

Now, what has to be examined is whether the work involves mixing or abandoning Hijab; if this is the case, it is forbidden for her to take up this job unless she is forced to, and the necessity is to be assessed accordingly. Thus, when her need is fulfilled and she is no longer compelled to work, she must leave that job.

Also, she should avoid mixing with men as much as possible and she should be as keen as possible on wearing Hijab. As regards covering the face, although this is an obligation according to the preferred opinion of the scholars, it is less serious than not covering the rest of the body. For more benefit, please refer to Fatwa 83607.

Finally, it should be mentioned that an adult son is obliged to provide for his mother – if he has money. Ibn Al-Munthir  may  Allaah  have  mercy  upon  him reported the consensus of the scholars that the children are obliged to provide for their parents who have no money and no earnings. As regards providing for one's siblings, there is a difference of opinion among the scholars in regard to the obligation of their brother to provide for them.

Allaah Knows best.

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