Firstly: Among the obligations that arise from the marriage contract according to the Ḥanafī school, and from the contract and consummation according to the majority, is the obligation of the husband to provide for his wife. Allāh says: “Let a man of wealth spend from his wealth, and he whose provision is restricted – let him spend from what Allāh has given him” [Surah Aṭ-Ṭalāq: 7]. In the ḥadīth of Hind bint ῾Utbah in Ṣaḥīḥ al-Bukhārī, she said: “O Messenger of Allāh, Abū Sufyān is a miserly man and does not give me what is sufficient for me and my children, except what I take from him without his knowledge.” The Prophet (peace be upon him) said: “Take what is sufficient for you and your children in a reasonable manner.”
The wife’s maintenance includes the following:
- Food and drink
- Housing
- Clothing
- Medical treatment
Anything that is a necessity or a need becomes obligatory for the husband either by the contract or by the contract and consummation. This excludes what is considered an improvement, such as education and travel, or what is a personal obligation like Ḥajj and Zakāh. The husband is not obliged to cover these unless it was stipulated in the contract, in which case it becomes obligatory as a condition, not as maintenance.
Secondly: There is a difference of opinion on the ruling of seeking medical treatment, summarized as follows:
- Seeking medical treatment is permissible but not obligatory, which is the opinion of the majority of Ḥanafīs, Mālikīs, and Ḥanbalīs.
- Seeking medical treatment is recommended, which is the Shāfi῾ī opinion.
- Seeking medical treatment is obligatory if its benefit is certain, which is the opinion of some Shāfi῾īs and Ḥanbalīs.
- Seeking medical treatment is disliked, and the basic principle is reliance on Allāh, as narrated by Al-Buhūtī from some scholars.
Given this difference of opinion, some might think that medical treatment is not obligatory for the husband towards his wife, unlike food, drink, clothing, and housing.
However, the correct view is that the matter depends on the wife’s choice, not the husband’s opinion. If the wife’s choice is that treatment is recommended or obligatory, then it falls under the husband’s obligation to provide maintenance based on her need, not his opinion. Similarly, for food, if the husband chooses to live an ascetic and frugal life despite having the means to live a better life, he should not impose this on his wife. He should provide for her in a reasonable manner, according to custom and his capacity. This is why ῾Umar ibn ῾Abd al-῾Azīz gave his wife Fāṭimah bint ῾Abd al-Malik the option to stay or leave when he chose to live an ascetic life because the asceticism was his choice, not hers.
Thirdly: The husband is not absolutely obligated to pay for all medical treatments, but he must cover those that affect the woman’s health and the integrity of her senses. Additional treatments, such as cosmetic surgery, hair transplants, and laser treatments, do not fall under the necessary or needed category and are not obligatory. The husband is not sinful for not covering these.
Finally: The obligation is also governed by the man’s ability to provide. Allāh does not burden a soul beyond what it can bear. Allāh says: “And let a man whose provision is restricted spend from what Allāh has given him” [Surah Aṭ-Ṭalāq: 7].
Fatwā issued by Dr. Khālid Naṣr
