Basant Al Sharqawi
Published on: Thursday, February 17, 2022 – 22:55 | Last update: Friday, February 18, 2022 – 12:02
The Grand Imam, Dr. Ahmed Al-Tayeb, Sheikh of Al-Azhar Al-Sharif, has issued directives on the need to revive the “right to work and pursuit” fatwa of the Islamic heritage, as a supportive step to protect the rights of women whose life circumstances have forced them to go to work to help their husbands live.
Al-Tayyib stressed the need to revive the “right to work and pursue” fatwa of Islamic heritage. To safeguard the rights of the working wife who has endeavored to develop her husband’s wealth, particularly in the light of modern developments which compel women to enter the labor market and share the burdens of life with their husbands.
What is the right to fight and fight for women in Islam?
Osama Al-Hadidi, executive director of the Al-Azhar International Center for Electronic Fatwas, explained that women’s right to work hard and seek means what a woman contributes to increasing her family’s wealth, whether with his wages from work or building a house for his family or owning his own business or shops.
Al-Hadidi confirmed in a telephone interview with the evening show “DMC” on Tuesday that the woman’s toil and effort, embodied in her work or her inheritance, or a former financial heritage before her marriage , she had given him husband or put him in the bank, on the condition that this money be estimated as an independent Financial debt for the wife, apart from inheritance, which means that the heirs, in the event of the death of the husband, n are not entitled to the participation of the woman in this money.
He added: “If the husband is gone and there is no evidence of the wife’s right to work hard and struggle, then he is valued by the wife, and that is one of the results of the Al-Azhar Conference for the Renewal of Islamic Thought in 2019 under the auspices of President Abdel Fattah Al-Sisi.”
The financial rights of the wife in Egyptian law
According to the official website of the National Council of Women, the financial rights of the wife are the right to dowry, spousal maintenance and the matrimonial home.
1_ A woman’s right to a dowry
Dowry is the money which is legally obligatory for the wife of her husband according to the marriage contract, and it is called “dowry” in the custom of the people because it indicates the sincerity of the husband’s desire to marry. .
The dowry was mentioned in the Noble Quran, the actual and verbal Sunnah of the Prophet, and Muslim jurists were unanimous on the legality of the dowry and its obligation for the husband.
The dowry is a right of the woman and a duty on the honor of the husband to honor it, and not a price to enjoy it as some might see it, because it is incompatible with the dignity and humanity of the woman.
Half of the dowry must be paid to a woman if she is divorced after the conclusion of the contract and before its consummation. Nevertheless, the dowry is not considered as a pillar of the marriage contract nor a condition of its validity, because the marriage contract is valid even if the contract does not stipulate a dowry or stipulates a fictitious dowry.
There is no maximum limit for the dowry, but it is desirable in Islamic law not to exaggerate the dowry, to make it easier for people and to encourage young people to marry. .
As for the minimum dowry, the Hanafi jurists have set it at ten dirhams based on an honorable hadith, which is equivalent to 25 piastres, which can be proven in the contract, taking into account the Hanafi doctrine in force in Egypt, and it is symbolic in this case, and people resort to mentioning it in the marriage contract because it is one of the formal data to be mentioned, and proving this small amount also involves reducing the documentation costs due on the contract, and in the event of a divorce, the wife is only bound to return the amount mentioned in the contract, unless the husband can prove the veracity of the dowry he has paid to the wife.
The dowry or part of it may be expedited by agreement between the spouses, and it is customary in Egypt to dispatch half the dowry and to defer the other half to the nearer of the two terms, at namely divorce or death.
All dowry is removed in three cases, the first if the wife absolves her husband of all dowry before or after consumption, provided she is fully qualified, the second if the wife divorces her husband for all dowry before or after the consummation, and the third if discord arises between the spouses before the actual consummation or judgment because of the wife’s side.
2_ A woman’s right to the marital home
Hanafi jurists start from the principle that the preparation of the marital home with all its contents is a duty for the husband, and that the wife does not demand it even if she obtains the dowry, which for her is a pure right. the case in Egypt.
But the Maliki jurists see that the preparation of the marital home is subject to the custom of the people, and it is known to people that the preparation of the marital home is the responsibility of the wife within the limits of the dowry she receives from her. husband, and the custom of people may change in a certain place, so the preparation of the marital home is done in cooperation between the spouses, each according to his abilities and material conditions, for example, whether the husband provides the place and the wife provides furniture and household utensils, and the opinion of the Malikis takes into account the conditions of the population and the economic situation of the time, which it is the first to support.
The father can equip his daughter within the limit of the dowry he has received, so the device will belong to him from the purchase without dispute between the lawyers. A ready-to-use facility, the device belonged to him from his alive and for his heirs after his death.
3Wife’s right to alimony
Wife’s maintenance is what she needs in terms of food, clothing, accommodation, service, treatment fees and other things which are required by Shariah, and wife’s maintenance is obligatory for her husband, whether he whether Muslim or non-Muslim, Egyptian or non-Egyptian, whether he entered it or not, well-to-do (rich) or unaffordable.
And the proof of the obligation of maintenance is taken from the Koran, which imposed the maintenance of the waiting period for the divorced woman, so it is obligatory for the husband towards his wife in the event of marriage, in the first place, as well as in the prophetic Sunnah and the consensus of Muslim jurists, which does not contradict what is reasonable and known among people.
The reason for the wife’s obligation to pay alimony to her husband from the date of the valid contract is her acceptance to live with him on one means of subsistence, whether rich or contrary to her religion (work and effort), they both help each other. another in difficult economic conditions, so no legal or legal impediment opposes it, and this is what is customary for the people.
The wife’s alimony is not removed because of her illness, and in this case the treatment costs are considered part of the alimony owed to her by the husband.
A wife’s alimony is not lost because she left the matrimonial home without her husband’s permission for legitimate work, whether she stipulated work in the marriage contract or had worked after marriage with her husband’s consent or that she worked before her marriage and the husband did not object. that.
The agreement is lost in the case of a disobedient wife.According to the law, the wife is considered disobedient after 30 days have passed since the husband’s warning to her after submitting a warning of obedience calling her to enter into his obedience. Once the woman does so does not object to a warning of obedience after 30 days, she becomes disobedient.
Spousal alimony is estimated in accordance with Article 16 of Legislative Decree 25 of 1929, which states: “Wife’s alimony is estimated according to the state of the husband at the time of his right, with ease and difficulty , provided that the alimony in the event of hardship is not less than the amount that satisfies his necessary needs.
In estimating alimony, the price situation and the purchasing power of money are taken into account. Alimony includes food, clothing, housing, treatment costs and other things that are required by Shariah, and meets the necessary needs of the wife. It may also include the servant’s salary if the husband is well-to-do and the wife is one of those who serve in her family’s household.
In the event of a dispute over the income of the defendant’s spouse, the court must ask the public prosecutor to carry out an investigation enabling it to reach this finding, and the results are communicated to the court no later than thirty days from the date of the court’s request reaching it.
It is permitted to seize wages, salaries, pensions and similar in payment of the maintenance debt, and in all cases the percentage that can be seized cannot exceed 50% to be distributed among the beneficiaries.