The Islamic Hotline Phone _______ was created in Egypt __ the year 2000 with ___ vision of becoming the _____'_ foremost source of information ___ centrist Islamic teachings utilizing ___ mediums of telephone, and ___ internet..
Home Q & A About us FAQ Advertise Contact us   URDU Arabic
 
Q & A --> Family and Gender Relations --> The Ruling for Treating/Curing one’s Wife when she is Sick

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