Is it permissible for a woman to demand maintenance from her husband if the state has undertaken her maintenance (in Australia)? The Shaykh mentioned some of the harms of residing in a land of disbelief.
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The questioner : We also have some questions here, which concern some Muslims in Australia.
The Shaykh : In Australia?
The questioner : Yes. If the state undertakes to pay the wife's maintenance, is it still obligatory for the man to pay it, knowing that the wife is demanding maintenance from her husband?
The Shaykh : Maintenance.
The questioner : Maintenance. Yes, that is right. The Australian state there pays money to mothers in general, and especially if the man travels outside the country.
The Shaykh : Of course, what we know is that this state is disbelieving, and therefore this payment does not nullify 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 taking maintenance or receiving anything from a disbeliever to a Muslim, given what is implied by the saying of the Prophet (peace and blessings be upon him)Sahih al-Bukhari 5355 and the upper hand is the one that gives. What Allah (Mighty and Majestic) has made obligatory for the man regarding his guardianship over the woman is not nullified merely because this disbelieving state offers this maintenance to the Muslim wife. The reality that I feel is that this is one of many details that resulted from Muslims violating an important and great legal ruling of the Shari'ah, and their indifference to the 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, it is self-evident that many violations result from this residence, as indicated by the old Arabic proverb: "How can the shadow be straight when the stick is crooked?" If the basis of residence in such a place is a violation of the Shari'ah, then it is very self-evident that many harms result from it, including what I mentioned earlier.
The questioner: May Allah bless you.
The Shaykh : In Australia?
The questioner : Yes. If the state undertakes to pay the wife's maintenance, is it still obligatory for the man to pay it, knowing that the wife is demanding maintenance from her husband?
The Shaykh : Maintenance.
The questioner : Maintenance. Yes, that is right. The Australian state there pays money to mothers in general, and especially if the man travels outside the country.
The Shaykh : Of course, what we know is that this state is disbelieving, and therefore this payment does not nullify 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 taking maintenance or receiving anything from a disbeliever to a Muslim, given what is implied by the saying of the Prophet (peace and blessings be upon him)
a giving hand is better than a taking one
اليد العليا خير من اليد السفلىThe questioner: May Allah bless you.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
