Chapter Seven

Allocation And Recalcitrance

Rule (1363) According popular view among the scholars spending one of four nights becomes obligatory with the other wife, but it is not far from reality that there is no such obligation specially for one who has only one wife.

If one of the wives gifts her time he can spend it as he likes, if she gifts one night to her co-wife he spends it with her, if he agrees only spending the night is obligatory, not sex.

Rule (1364) If one marries a free woman, a slave girl or a follower of the Bible the free woman will have two nights out of eight and the slave girl or the follower of the Bible one night out of eight. The wife of a temporary marriage does not have any allocated time. The virgin wife at the beginning, specially, has seven nights and the non-virgin three. It is preferable to spend equally on the wives.

Rule (1365) It is obligatory for the wife to make herself available and remove the causes of dislike. He can beat the recalcitrant wife (the violator of marital rules) without causing her to bleed or breaking her bones after giving her enough advise and isolating her, all these in turns. If he violates the marital rules she demands from him to follow the rules and she can refuse some of his rights or all of it to attract him.

Rule (1366) If each of the wife and husband starts to dislike each other the high authority in sharia enforces the rule of appointing arbitrators from the relatives of the both parties or non-relatives if the former are not available, for precaution, if they can make peace they arrange it and if they find separation more proper, they recommend the parties for divorce.

If they have differences it is necessary for the wife to exercise patience and stay with the husband, if disobedience is from her side or from both sides, if it is from the husband only she can present her case to the high authority who orders the husband to come back to her and provide her expenses or divorce her and let her go. If he refuses both, the high authority divorces her to set her free from the bond of marriage.