Note: The wife leaving the house, according to the famous view of Imami jurists, requires the husband’s permission (idhn). However, in this regard, other questions and dimensions exist that have been asked of Authorities of Imitation (Marjas). In this report, an effort has been made to state contemporary and new dimensions of the wife leaving the house from the perspective of jurists. Of course, it is clear that since these dimensions are mostly contemporary and emerging, sufficing with citing the fatwas of contemporary jurists has been maintained.
The Wife Leaving the House During the Engagement/Contract Period (Iyyam al-‘Aqd)
Is the husband’s permission required to go out of the house during the contract/engagement period—when the daughter lives in her parents’ home?
Grand Ayatollahs Imam [Khomeini], Bahjat, Safi, Fazel, Makarem, and Nouri: Yes, under this assumption, the husband’s permission is required to leave the father’s house.
Ayatollah Khamenei: As long as the woman has not moved to the husband’s house, she does not need the husband’s permission to leave the house.
Grand Ayatollahs Tabrizi and Wahid: No, under this assumption, the husband’s permission is not required.
Grand Ayatollah Fazel: Under this assumption, based on obligatory precaution (ihtiyat wajib), the husband’s permission is required to leave the father’s house.
Grand Ayatollah Sistani: If in the city where they live, it is customary for the daughter during this period not to seek permission from the husband, in that case his permission is not required to go out; otherwise, she must seek permission.
Note: If the woman stipulated within the contract that during this period she may go out without his permission, or if the contract was concluded upon this prior agreement, in that case, according to the fatwa of all Marjas, this condition is valid and the husband’s permission is no longer required.
The Woman Leaving the House
Imam Khomeini: Ruling 2412: A woman who has been permanently married must not go out of the house without her husband’s permission, and must submit herself for any enjoyment [1] he desires [2] and not prevent sexual intercourse without a Sharia excuse. If she obeys her husband in these matters, providing her food, clothing, housing, and other necessities mentioned in books is obligatory upon the husband [3], and if he fails to provide, whether he possesses capability or not, he remains indebted to the wife.
(Khoei), (Tabrizi): Ruling: A woman who has been permanently married, precaution dictates that she should not go out of the house even for minor tasks without her husband’s permission, even if it does not conflict with the husband’s right; and she must submit herself for any enjoyment he desires and not prevent sexual intercourse without a Sharia excuse. Providing food, clothing, and housing for the wife ((Khoei): as long as she has not left his house without an excuse) is obligatory upon the husband, and if he fails to provide, whether capable or not, he remains indebted to the wife.
(Sistani): Ruling: A woman who has been permanently married is prohibited from going out of the house without her husband’s permission, even if it does not conflict with the husband’s right, unless a necessity dictates it, or staying in the house causes her hardship (haraj), or the housing is not suitable for her. She must submit herself for sexual enjoyments that are the spouse’s right whenever he desires and not prevent sexual intercourse without a Sharia excuse. Providing food, clothing, housing, and fulfilling her needs is obligatory upon the husband, and if he fails to provide, whether capable or not, he remains indebted to the wife. Furthermore, among the wife’s rights is that the man should not mistreat or harass her, nor treat her with harshness and violence without Sharia justification.
(Makarem): Ruling: A woman who has been permanently married, based on precaution, should not go out of the house without her husband’s permission or select a job outside the home (whether permission is verbal or known through contextual clues that he is satisfied) and not prevent sexual intercourse without a Sharia excuse; it is likewise obligatory upon the husband to provide food, clothing, housing, and other customary necessities for her (even medical and medication expenses and the like), and if he fails to provide, based on precaution he remains indebted to her, whether capable or not.
(Zanjani): Ruling: A woman who has been permanently married must not go out of the house without a Sharia excuse without her husband’s permission, and must submit herself for any enjoyment he desires for which there is no Sharia excuse for her to avoid. If she obeys her husband in these matters, providing food, clothing, housing, and other household necessities (considering the woman’s status) is obligatory upon the husband, and if he fails to provide, whether capable or not, he remains indebted to the wife.
The Wife’s Marital Rebelliousness (Nushuz) and Dower (Mahr)
Imam Khomeini: Ruling 2413: If the woman disobeys her husband in matters mentioned in the preceding ruling [4], she is sinful and loses the right to food, clothing, housing [5], and cohabitation; however, her dower (mahr) is not forfeited.
(Sistani): Ruling: If the woman fails to perform any of her marital duties toward her husband, she loses the right to food, clothing, and housing, even if she stays with him; and if she occasionally refuses submission to his legitimate sexual desires, based on obligatory precaution her maintenance (nafaqah) is not forfeited, and as for her dower, with lack of submission (‘adam tamkin), it is by no means forfeited.
The Woman Leaving the House with the Husband’s Permission
All Marjas (except Tabrizi and Makarem): No, going out of the house without the husband’s permission is impermissible, unless for an obligatory Sharia duty or if necessity dictates.
Grand Ayatollahs Tabrizi and Makarem: Based on obligatory precaution, going out of the house without the husband’s permission is impermissible, unless for an obligatory Sharia duty or if necessity dictates.
The Woman Leaving the House Under the Assumption of Non-Conflict with the Husband’s Right
In cases where the woman going out does not conflict with the husband’s right (such as when the husband is at work), is his permission still required?
All Marjas (except Tabrizi and Makarem): Yes, the husband’s permission is required under this assumption as well.
Grand Ayatollahs Tabrizi and Makarem: Based on obligatory precaution, under this assumption as well, the husband’s permission is required.
Compelling the Woman Not to Leave the House by the Husband
If the husband out of stubbornness and revenge does not grant permission to the woman to go out, is obedience to him obligatory?
All Marjas: Although taking revenge and causing distress on the part of the man is contrary to Islamic morality; nevertheless, if for any reason he does not grant permission, the woman must obey.
Stipulating Permission to Leave the House Within the Marriage Contract
Can the woman stipulate in the contract that the husband shall not have guardianship over her and that she may go out of the house without his permission?
All Marjas: No, this condition is not valid (nafidh).
Can the woman stipulate within the contract that the husband after the contract entrust permission to leave the house to her?
Grand Ayatollahs Imam [Khomeini] and Bahjat: No, she cannot stipulate such a condition, and this condition is void (batil).
Grand Ayatollahs Tabrizi and Sistani: She cannot stipulate such a condition; but she can stipulate that the husband after marriage give her permission to go out of the house.
Permission in Absentia to Leave the House
If someone has no access to her husband, what should she do for traveling and going out of the house?
All Marjas: She can go out solely for obligatory and necessary affairs of life; unless she has assurance that her husband is not opposed to her going.
Requirement of Seeking Permission Under the Assumption of Non-Payment of Dower by the Husband
If the man does not pay the woman’s dower (mahr) for any reason, is the husband’s permission required to leave the house?
All Marjas (except Tabrizi and Makarem): Yes, she must seek permission from the husband.
Grand Ayatollahs Tabrizi and Makarem: Based on obligatory precaution, she must seek permission from the husband.
Sufficiency of Husband’s Satisfaction for Validity of Permission
Is it sufficient merely for the woman to know her husband is satisfied with her going out of the house, or must she explicitly seek permission from him?
All Marjas: If she knows the husband is satisfied, it is sufficient, and seeking permission is not required.
Scope of Permission
If a lady obtained permission from her husband to go to a location, can she go from there to another location (such as her parents’ house, etc.)?
All Marjas: She must act to the extent he granted permission, and regarding another location, the husband’s satisfaction must be ascertained.
Permission for Blood Donation
Does donating blood require the husband’s permission?
All Marjas: For donating blood the husband’s permission is not required; but to leave the house, his permission is a condition.
Permission for Taking Photographs
Is it permissible for a woman at wedding celebrations to take photographs without her husband’s permission?
All Marjas: If the photographer is a woman or a mahram, and the developer does not know her, and it causes no corruption (mafsadah), taking photographs poses no problem, and the husband’s permission is not required here.
Conducting Activities Outside the House Without the Husband’s Knowledge
Question: Can a woman go out of the house without obtaining permission from her spouse and socialize with individuals or families, or attend religious gatherings?
Ayatollah Makarem: It must be with her spouse’s satisfaction.
Leaving the House for Economic and Political Activities
Question: Can a woman leave the house without the husband’s satisfaction for economic, political, and social activities?
Ayatollah Makarem: It is impermissible, but if the woman stipulated such a right for herself in the marriage contract, it poses no problem.
Leaving the House to Visit Kin (Silat al-Rahim)
Question: Can a woman go to her parents’ house for a visit without the husband’s permission?
Sistani and Makarem: It is impermissible, except to the extent of obligatory visiting of kin (silat al-rahim wajib).
Leaving the House to Acquire Knowledge
Question: Can a woman leave the house to acquire knowledge without the husband’s permission?
Sistani: To acquire knowledge, the husband’s permission is not required, but going out of the house requires his satisfaction, and acquiring knowledge can also occur at home.
Makarem: To acquire knowledge, there is no need for the husband’s satisfaction.
Unjustified Prohibition of the Wife Working by the Husband
Question: Can a man prohibit his spouse from employment without possessing a reason?
Sistani: If prior to marriage the woman was employed according to a Sharia contract, or if at the time of marriage she stipulated to be free in this direction, the husband cannot prohibit her; otherwise, he can.
[1]. (Nouri): For any sexual enjoyment.
[2]. (Fazel): For any customary enjoyment.
[3]. (Araki): Providing her food, clothing, housing, and other necessities is obligatory upon the husband, and if he fails to provide, according to details stated in detailed books, he remains indebted to the wife.
(Golpayegani), (Safi): Providing her food, clothing, and housing is obligatory upon the husband.
[4]. Khoei and Tabrizi: She loses the right to cohabitation and is sinful, and the famous view states she also loses the right to food, clothing, and housing. However, this ruling as long as the woman stays with the husband is subject to reflection (mahall-e ishkal). As for her dower, without doubt it is not forfeited.
Zanjani: Disobeys the husband without a Sharia excuse.
[5]. Zanjani: And other necessities.