Bismillahir Rahmanir Rahim
Wa' laykum-as-Salaam wa Rahmatullahi wa Barakaatuhu,
Jazakallah for your valued question dear sister.
Marriage entails that a man, shall fulfill all the rights of a woman, when they are married, which include lawful sexual intercourse, having lawful children, providing a halal income both for his self and for his partner and children, providing a place of rest i.e. a home for his partner and children, and fulfilling any additional needs that his partner may evolve.
Furthermore, he has the right to give his partner, and children the right to the necessary education, both Islamic, and worldly, so that in the event of him becoming old, or ill, his wife or his children may act as the substitutes.
If a husband has only one of the above, and nothing else, as the questioner has suggested, then the woman may have the right to ask for a 'khul'a, which is a type of divorce obtained on the wifes initiative.
The husband has a right to be honest to his wife, and to speak to her politely, as grown adults should. He should never conceal anything from her, which may lead him to divulge himself into sin, particularly where other women are concerned. He may discuss issues with his wife which relate to his immediate family, parents, household, and extended family. He should even consult his wife for advise, and confidence in cases of making decisions relating to work and/or business.
The husband has a right to know where his wife is, how she is, what she is about to do/ or go, when she is due back, and to know how she feels if and when she feels ill, low, depressed, or in any other physical or mental condition.
The husband should never criticise his wife, the way she looks, about her beauty or any other form of criticism, as women are normally detrimentally sentimental towards this type of attitude, and must be kept away from.
The woman has a right to serve her parents, and to see them that they are well, and be allowed to talk to them, whether on the phone or face to face. To prevent a woman from doing this will render in the breakage of relationships, which do not directly affect the marriage, but may be a threat to the marriage itself.
The husband should never beat his wife, as you are a part of her, and she is a part of you. Have you never heard what the Qur'an al kareem says?
'hunna libaasul lakum wa antum libaasul lahunna''That they are a cover/clothing for you, and you a clothing/cover for them'.
This verse is so central to this theme of marriage, that it almost covers all those, words and actions which one would do or say, and become ashamed of. And Allah is the Hearer and the Knower of all.
If the woman feels that she is being deprived of her rights, particularly those rights that are mentioned above, then depending on the occurence of the deprivation, and the circumstances of the situation, the wife has full legal (shar'i) rights to ask her husband for a 'khul'ah', provided that she goes through the right channels, in making this process becoming useful.
May Allah keep the Muslim Ummah in accordance with thie shar'iyyah, and may He keep away from us, all that is detrimental to us, in cases of marriage, work, business, religious, and family life. (Amin).
Wallahu A'lamu Biththawaab
M. Waseem Asharafi
