Comments on: The Limits Of Obedience In Marriage: A Hanafi Legal Perspective https://muslimmatters.org/2025/12/22/the-limits-of-obedience-in-marriage-a-hanafi-legal-perspective/?utm_source=rss&utm_medium=rss&utm_campaign=the-limits-of-obedience-in-marriage-a-hanafi-legal-perspective Discourses in the Intellectual Traditions, Political Situation, and Social Ethics of Muslim Life Thu, 29 Jan 2026 19:08:24 +0000 hourly 1 https://wordpress.org/?v=6.8.1 By: Shaista Maqbool https://muslimmatters.org/2025/12/22/the-limits-of-obedience-in-marriage-a-hanafi-legal-perspective/#comment-464649 Thu, 29 Jan 2026 19:08:24 +0000 https://muslimmatters.org/?p=94023#comment-464649 From a purely technical, legal standpoint, the husband’s right to prevent his wife from leaving the marital home is a general right and not limited to cases where the wife’s exit would result in an immediate loss of the husband’s right to intimacy. So even if the husband is absent or traveling, he has the right to prevent her from leaving the house, even if no direct harm to intimacy would occur from that particular outing.
That said, there are qualifying factors even outside cases of necessity or harm. For example, if a woman was studying or working prior to marriage, it is assumed – legally – that the husband married her with the understanding that these activities would continue after marriage as well, and therefore cannot prevent her from them.

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By: Salma Khaled https://muslimmatters.org/2025/12/22/the-limits-of-obedience-in-marriage-a-hanafi-legal-perspective/#comment-462703 Thu, 15 Jan 2026 06:24:21 +0000 https://muslimmatters.org/?p=94023#comment-462703 I would appreciate clarification on whether the classical jurists recognized an absolute right for a husband to prevent his wife from leaving the home, outside cases of necessity or obligatory religious duties, in which jurists clearly allow her to go out without permission.
Specifically, is the husband’s right of prevention limited to situations where her exit results in the loss of his marital right of intimacy, or does it apply even when no such harm exists?
And if a husband prevents his wife from leaving without a valid sharʿī reason, is obedience still required according to the pre-modern jurists?

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By: Sarah https://muslimmatters.org/2025/12/22/the-limits-of-obedience-in-marriage-a-hanafi-legal-perspective/#comment-461582 Mon, 05 Jan 2026 20:11:02 +0000 https://muslimmatters.org/?p=94023#comment-461582 Its sad to see folks still trying to “limit” the inevitably abusive nature of making ahadith about “obedience” into law like this. We have plenty of similar ahadith and ayat about obedience of parents and no similar fiqh that one has to, for example, ask their permission to go out or face legal consequences. This restriction of women’s lives is justified through the legal conceptualization of marriage as unrestricted sexual access to the body of a woman bought by financial maintenance of the man. This is not a legal concept we should be entertaining just because it is found in fiqh books – it is a concept that was refined through analogy with slavery, another legal concept most Muslims no longer entertain. (Those who dispute this should read Kecia Ali’s “Marriage and Slavery in Early Islam”). What’s more, a woman should not have to claim “physical and emotional harm” to say no to sex – what kind of healthy sexual relationship is built on a sense of “obligation” rather than willing and loving companionship? We should teach men to be horrified and disgusted at the idea that their wives are even possibly having sex with them “out of obligation” not genuine desire and care. Wassalam.

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By: Amer Rizvi https://muslimmatters.org/2025/12/22/the-limits-of-obedience-in-marriage-a-hanafi-legal-perspective/#comment-460257 Thu, 25 Dec 2025 02:18:55 +0000 https://muslimmatters.org/?p=94023#comment-460257 Mashaa Allah Shaykha Shaista,

I also studied with Shaykh Samer at the Shaykh Mohiyudeen ibn Al-Arabi mosque near Ruknudeen. I was fortunate to memorize a few Surahs with him, Alhamdo-lillah (All perfect praises belong to Allah). He was so cool, Alhamdo-lillah. We used to go to him after Fajr. He taught his students for free and even passed out goodies to them after they finished reciting to him :-) He used to go to his medical practice after he taught us Tajweed. What an amazing person, May Allah reward him abundantly. Shayka Tamara was my wife’s Shaykha.

PS Did you get to study under the great Muhadith, Shaykh Abdul Qadir Alarnaoot (May Allah have mercy on him)? I liked him so much. I will never forget his moderateness, gentleness and his kindly smile!

Allahmua Barak lana fee Shamina wa fee Yemenina. (Oh, Allah, bless us in our Levant and in our Yemen).

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By: GregAbdul https://muslimmatters.org/2025/12/22/the-limits-of-obedience-in-marriage-a-hanafi-legal-perspective/#comment-460208 Wed, 24 Dec 2025 17:09:06 +0000 https://muslimmatters.org/?p=94023#comment-460208 Mr. Seeker we should not pretend. We all know somebody somewhere in Islamic sources talks about wives obeying husbands and that men abuse this. It is not a matter of there is bad fiqh and it causes men to be abusive. Rather bad men refuse to actually learn sources and Fiqh, and then take bad cultural interpretations (the Afghani Taliban and Pakistani cultural practice) and then pretend, “I order you to be a slave to my mother” is a command in Islam.

This article is very good al hamdu lellah. If the US had good and decent immigration, we would declare all the women and children under 12 in Afghanistan political refugees and free as many of them as we can. The Saudis are sort of lied on, because it is a rich society and Arab women are not the ones who get it, but the servants immigrated from Africa and other countries.

Again this is a great article. Too many Muslims only know what their culture teaches about Islam. We need more fact-based stuff put into our mosques and ‘amal so we end the bad habits that are maintained in many of our communities.

Better question: I am Hanafi and the wife is Shafi’i……which rules is she under?

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By: seeker https://muslimmatters.org/2025/12/22/the-limits-of-obedience-in-marriage-a-hanafi-legal-perspective/#comment-460090 Tue, 23 Dec 2025 03:07:18 +0000 https://muslimmatters.org/?p=94023#comment-460090 Interesting post, Sr. Shaahima. You refer to “scholarly articles online” that allegedly claim a wife must obey her husband in all permissible matters, yet no specific articles, authors, or fatwa bodies are cited. Could you please clarify which sources are being referenced? Without concrete examples, it is difficult to assess whether the views being critiqued represent fringe blog posts, popular daʿwah discourse, or formal scholarly positions.

As written, the argument appears to rest on the assumption that this obedience narrative is both widespread and scholarly, though that premise is not substantiated with references. Clarifying this point would strengthen the critique and allow for a more precise and fair engagement with the views being challenged.

Additionally, while the article offers a detailed fiqh-based analysis of the legal limits of obedience, it does not engage the Qurʾānic framework of muwaddah and raḥmah (Qurʾān 30:21), nor does it meaningfully develop iḥsān as a governing principle of marriage. Given that Islamic marriage is defined not only by legal boundaries but also by mercy, affection, and God-conscious excellence, anchoring the discussion more explicitly in these concepts could offer a fuller and more balanced Sunni framing beyond legal minimalism alone.

I also found that the article’s framing at times adopts a tone that closely mirrors modern feminist narratives—portraying men primarily as potential oppressors, women as primary victims, and legal discourse as a safeguard against male excess. This sits uneasily with a fully Islamic framework of marriage, which understands spouses as two servants of Allah, two flawed souls, and two individuals tested through power, patience, and mercy. In that framework, the fundamental struggle is nafs versus taqwā, rather than men versus women.

While the fiqh citations themselves may be defensible, the overall framing reflects modern assumptions that can be difficult to reconcile with an iḥsān-based vision of marriage. Authority is treated primarily as a risk to be constrained rather than an amānah to be spiritually disciplined; autonomy and harm-avoidance are emphasized over self-giving and virtue; and legal minimalism is presented as a moral safeguard without being grounded in the Qurʾānic vision of marriage built upon muwaddah, raḥmah, and excellence before Allah. As a result, the article feels fiqh-heavy but akhlāq-light.

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