Question
Some students of Islamic knowledge have told me that a man’s wife is entitled to be provided with a maidservant at her husband’s expense. Is this a fact?
Answer
A woman’s right to a maidservant is a matter that is determined by custom. If the wife is the type of woman who would typically have a maidservant according to the prevailing customs, then she will be entitled to one. This might be on account of her age, her health or her social status.
If prevailing custom dictates that the wife should have a maidservant, then it is the duty of the husband to provide one for her.
Jurists have said that if her circumstances warrant it, she may be entitled by right to have more than one maidservant. This is an astute observation.
As we have said, this matter is wholly determined by custom. Allah says: “And women shall have rights similar to the rights against them, according to what is customary.” [Sûrah al-Baqarah: 228]
The husband’s circumstances should also be taken into consideration. A distinction is to be made between a poor husband, a wealthy one, and a man of moderate means.
Scholars differ as to whether it is his circumstances or her circumstances that must be given primary consideration, or whether both of their circumstances are to be considered equally. The correct view is that his circumstances are to be given primary consideration. This is the view of the Shâfi`î school of law.
The evidence for this is the verse of the Qur’ân where Allah says: “The man of extensive means must spend according to his means and the man of limited means must spend from what Allah gives him. Allah does not burden a soul with greater than what He provides for it. And after difficulty, Allah will grant relief.” [Sûrah al-Talâq: 7]
And Allah knows best.
If prevailing custom dictates that the wife should have a maidservant, then it is the duty of the husband to provide one for her.
Jurists have said that if her circumstances warrant it, she may be entitled by right to have more than one maidservant. This is an astute observation.
As we have said, this matter is wholly determined by custom. Allah says: “And women shall have rights similar to the rights against them, according to what is customary.” [Sûrah al-Baqarah: 228]
The husband’s circumstances should also be taken into consideration. A distinction is to be made between a poor husband, a wealthy one, and a man of moderate means.
Scholars differ as to whether it is his circumstances or her circumstances that must be given primary consideration, or whether both of their circumstances are to be considered equally. The correct view is that his circumstances are to be given primary consideration. This is the view of the Shâfi`î school of law.
The evidence for this is the verse of the Qur’ân where Allah says: “The man of extensive means must spend according to his means and the man of limited means must spend from what Allah gives him. Allah does not burden a soul with greater than what He provides for it. And after difficulty, Allah will grant relief.” [Sûrah al-Talâq: 7]
And Allah knows best.
-islamtoday.net
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