The ruling on a husband’s financial maintenance for his wife? And does it become void if a disbelieving state takes responsibility for it?
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The questioner : We also have some questions here, which are important to some Muslims in Australia.
The Shaykh : In Australia.
The questioner : Yes, indeed. If the state takes responsibility for paying the wife’s maintenance, does it then become obligatory for the man? Knowing that the wife is demanding maintenance from her husband.
The Shaykh : Maintenance.
The questioner : Yes, indeed. What is the Australian state doing here? It pays money to mothers in general, and especially if the man travels outside the country?
The Shaykh : Naturally, what we know is that this state is disbelieving, and therefore this payment is not considered to void the wife’s right to maintenance from her husband. We do not see it as befitting for Muslims to live under the shadow and humiliation of receiving maintenance or any gift from a disbeliever to a Muslim, given what is implied by the saying of the Prophet (peace and blessings be upon him):Muwatta Malik 58:8. So, what Allah (Mighty and Majestic) has made obligatory for the man regarding his guardianship over the woman is not voided simply because this disbelieving state steps in to provide this maintenance to the Muslim wife. The reality I feel is that this is a small detail resulting from Muslims’ violation of a great and important legal ruling, and their indifference to that violation, until this violation became forgotten among them. I mean by this their residence under the control of disbelievers, and their life in a society that does not represent Muslims in their morals, rulings, customs, and traditions. Therefore, and it is self-evident, that many violations result from this residence, as indicated by this old Arab proverb: “Can the shadow be straight when the stick is crooked?” If the root of the residence is a violation of the Shari'ah, then it is very self-evident that many harms result from it, including what you mentioned.
The questioner : May Allah bless you.
The Shaykh : In Australia.
The questioner : Yes, indeed. If the state takes responsibility for paying the wife’s maintenance, does it then become obligatory for the man? Knowing that the wife is demanding maintenance from her husband.
The Shaykh : Maintenance.
The questioner : Yes, indeed. What is the Australian state doing here? It pays money to mothers in general, and especially if the man travels outside the country?
The Shaykh : Naturally, what we know is that this state is disbelieving, and therefore this payment is not considered to void the wife’s right to maintenance from her husband. We do not see it as befitting for Muslims to live under the shadow and humiliation of receiving maintenance or any gift from a disbeliever to a Muslim, given what is implied by the saying of the Prophet (peace and blessings be upon him):
The upper hand is better than the lower hand. The upper hand is the one which expends
اليد العليا خير من اليد السفلى ، واليد العليا هي المُعطيةThe questioner : May Allah bless you.
Source
www.al-albany.com
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