Is it permissible for a married woman to request separate housing?
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The questioner : Here, before the third [wife], does she have the right to request a separate house?
The Shaykh : No. The house that they call today in the courts the "legal house" has no specific condition. If the intention is to be separate from the co-wife, then that is one matter. But if the intention is something else, then we say that every incident has its own ruling. In other words, if a man marries a woman, she has the right to request a legal residence, meaning she is independent with the husband in that he enjoys her and she enjoys him, and that her only obligation is to serve him, while he fulfills his rights toward her. However, if, for example, a man wants to marry a woman who has a father, mother, and brothers, and he burdens this wife with serving this group, then she requests a legal residence for this reason. I see that as permissible, unless she had stipulated that she would live with this husband and his parents. In that case, believers are bound by their conditions. As for her living in a house alone, separated from her co-wife, there is no basis for this in the Shari'ah. The Prophet (peace and blessings be upon him) used to gather his nine wives in one house, each having her own sleeping place in her room, and they were connected, entering one another's rooms, as is known in the Prophetic biography.
The Shaykh : No. The house that they call today in the courts the "legal house" has no specific condition. If the intention is to be separate from the co-wife, then that is one matter. But if the intention is something else, then we say that every incident has its own ruling. In other words, if a man marries a woman, she has the right to request a legal residence, meaning she is independent with the husband in that he enjoys her and she enjoys him, and that her only obligation is to serve him, while he fulfills his rights toward her. However, if, for example, a man wants to marry a woman who has a father, mother, and brothers, and he burdens this wife with serving this group, then she requests a legal residence for this reason. I see that as permissible, unless she had stipulated that she would live with this husband and his parents. In that case, believers are bound by their conditions. As for her living in a house alone, separated from her co-wife, there is no basis for this in the Shari'ah. The Prophet (peace and blessings be upon him) used to gather his nine wives in one house, each having her own sleeping place in her room, and they were connected, entering one another's rooms, as is known in the Prophetic biography.
Source
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