Question :
A question was asked about whether or not a husband is legally obligated to treat/cure his ill wife.
Fatwa in Brief: The husband is not
obligated to cure his wife.
The Permanent Committee,
19/260
Response:
The opinion of some Maliki
scholars – that it is obligatory for a husband to pay
for his wife’s medical treatment – is a noteworthy
opinion and should be followed. Accordingly, [we rule
that] it is obligatory for a husband to pay for the
treatment of his wife; and this is in keeping with the
general spirit of Islam.
Commentary:
God says:
“O ye who believe! It is not lawful for you forcibly
to inherit the women (of your deceased kinsmen), nor
(that) ye should put constraint upon them that ye may
take away a part of that which ye have given them,
unless they be guilty of flagrant lewdness. But consort
with them in kindness, for if ye hate them it may happen
that ye hate a thing wherein Allah hath placed much
good”. (Q. 4: 19)
And the Prophetic hadith:
“Their right on you is to treat them kindly and provide
them with clothing and food”, which is narrated by
Muslim. The Prophet also warned against shirking one’s
responsibilities (al-taqsir) in this matter: “It
is enough sin for a person to hold back the due of one
whose provision is in his hand”. This is narrated in
different ways by Abu Dawud and Muslim. On this subject,
the scholars differ. It is recognized that other demands
[of the wife] must be met, such as those concerning her
food, clothing, housing, entertainment (mut‘ah),
service and what is traditionally required during
festivals and special occasions.
However, some scholars say
that there is no legal obligation for the husband to
meet the medical costs of his sick wife. A group of
Maliki scholars, in contrast, argue the opposite. The
latter is a noteworthy opinion, and it should be
followed. Indeed, according to this opinion, a husband
must pay for his wife’s treatment from his own money,
even if she is rich.
According to the Hanafi
scholar, Abu Yusuf, it is also obligatory for a husband
to prepare his wife’s body, and pay for [the costs of]
her burial. In this way, he behaves in accordance with
the spirit of Islamic law, neither being stingy nor
extravagant. Yet, such costs are his to meet even if she
is rich. If the husband dies before his wife, the costs
[of her later funeral and burial] should be paid from
his inheritance, though
his will should address his own [funeral/burial] needs
first.
And God knows best.
Dr. Anas Abu Shadi