🏡 Hak & tanggungjawab · #39
A wife who bears the household expenses: can she claim them back from her husband?
Yes, if the wife spent the money without the intention of charity, because maintenance the husband fails to provide becomes a debt upon him.
If the wife pays for her own needs that the husband should have borne, it can be claimed as maintenance arrears. If the wife intended to contribute voluntarily, it counts as charity and reward, not a debt. So it is important to be open from the start and to keep records. A claim can be made at the Syariah Court. See Maintenance and Procedures.
If the wife pays for her own needs that the husband should have borne, it can be claimed as maintenance arrears. If the wife intended to contribute voluntarily, it counts as charity and reward, not a debt. So it is important to be open from the start and to keep records. A claim can be made at the Syariah Court. See Maintenance and Procedures.
Difference between schools. The majority regard a wife's arrears of maintenance as a debt that does not lapse. The Hanafis make it a debt only once set by a judge or agreed.
Sumber
Surah at-Talaq 65:7Sahih al-Bukhari 5364State Islamic Family Law Enactment