Our current round table is about alimony of wife based on civil and Islam laws.
In this discussion we have the following individuals with us: coordinator of women rights in human right commission of Afghanistan Latifa Sultani, prosecutor Farzana Amin in Madica office of Afghanistan and lecturer in education University professor Mohammad Zamir Khaliqyar.
Making relationship between married couples necessitate series of obligations on both sides that each of them must to perform some duties. Obligations between married couples divide in three parts. First, right and obligation of married couples, second obligation of husband on wife and third obligation of wife on husband, and we will give information shortly about each of them in this discussion.
Obligation of married couples are that both sides (wife and husband) should attempt to establish good relationship and understand each other for better life and married couple should have good and pleased behavior and they should prevent from bad and inadequate behavior and relationship. Rudeness and disagreement create negative relationship between married couples and they should try to have good and well life.
The second part is the obligation of husband on wife. Wife is responsible to take care from matrimony relationship correctly and should respect husband. She should have good behavior, good habit and she should attempts to provide mental and tranquility of her husband that they can have calm and loving life. In addition, wives are responsible to take care of property and honor of her husband when their husband would not be present. Whenever they want to go out they should coordinate it with their husband and provide good opportunities for their children.
The third part is obligation of wife on husband. Husbands should have good behavior with their wives and respect them and never do violence against them. Based on law, wife has some obligation on her husband such as providing food, shelter and suitable medical treatment. Now we want to discuss about alimony.
Question Miss Latifa Sultani what is your point of view about is alimony?
Answer: alimony means usage and daily bread. In total alimony is all the things that we need to earn a livelihood and make a living. Alimony is in different kinds for example one of them is that we provide food for animals and considering we are owner of animals and we must to provide them with food and the ownership issue set forth for discussion. Second that is the obligation of parents to provide foodstuff for their children because the children are underage and they cannot solve their problems. Third alimony of wife on her husband: there the issue of ownership is not considering and based on law husband must to provide his wife with food, shelter and medical treatment. For instance in article 18 of civil law of our country this issue is written. In addition, in article 119 of civil law indicated that if husband does not pay alimony for his wife and it prove the court force the husband to pay alimony for his wife. In addition, based on some values Islam order men to perform some duties even it would be difficult in outside of home and Islam give right to women to take care of home affairs and paying of alimony is the obligation of husband and in the case of disregard husband would be guilty.
Question: Professor Khaliqyar that is the obligation of husband to pay alimony for his wife please give detail about this issue.
Answer: the alimony of women divide in two parts one before marriage and second after marriage. It means before marriage father or brother of is responsible to provide food and other needed materials but when she get married that is the responsibility of her husband to provide all their needs including food and shelter for his wife and for all women who live in his family even that is the obligation of husband.
Question, if husband does not pay alimony what is the order of Islam religious law about?
Answer: if the husband does not want to pay alimony, his wife can refer to legal authorization and justice and complain about it. If the husband once again does not want to pay alimony the court has the right to issue separation order between them.
Question: dear Farzana Amin based on your point of view which issues involve and including to alimony which husband give to his wife?
Answer: based on civil and Islamic laws alimony includes the following four thanks: providing of foods, cloths, medical treatment based on husband economic condition and shelter with all its accommodations which it needs at home. The economic condition of husband is very important and if the husband has ability he should provide more facilities for his wife. The second issue is the increase and decrease in giving of alimony and it depend on financial problem of husband and when the husband economic condition get improve he should bring changes in providing of alimony. Also it is mentioned in the law that if the husband cannot provide some facilities that he had provided for his wife in the past that is the responsibility of wife to live in harmony with her husband.
Question: Ms. Sultani based on your point of view there is anything in alimony that the husband must to provide it for his wife?
Answer: I am agree with Miss. Farzana that if the husband cannot provide foodstuff and alimony for his wife, she can refer to justice and demand what she wants.
Question: Ms. Khaliqyar based on Islam which issues obligate the alimony of wife to her husband?
Answer: the man become responsible to give and provide food and shelter for his wife when marriage contract take place between them and that is the obligation of husband till she be his wife even when husband die his wife an receive inherit. In addition, when husband and wife separate or divorce after the divorce the husband is responsible to give alimony for her for 4 month and ten days.
Question: Mis. Farzana what is your point of view that when the husband become responsible to give alimony to his wife?
Answer: there are the following conditions that husband become responsible to provide and give alimony to his wife: first making marriage contract, wife should obey from his husband, third living together.
Question: Jawid ask that he is engaged for two years and his life condition was good in the past and he had good relationship with his fiancee but now he face with problems and he ask that how can he solve the problem of holding wedding ceremony in hotels?
Answer: after the contract between man and women the man will become responsible to provide food and shelter for his wife but during the engagement providing such things related to husband that how he pay it but there is one issue that when wife reside in his parents home she did not obey from his husband and they do not live together. Therefore father or other members of her family are responsible to give provide her with shelter and food. What are going in Afghanistan is not right.
Question: Azizullah is an inhabitant of Kabul city and he ask that some women work outside home but they do not have good behave with their husbands. How can we solve that problem?
Answer: there is no problem for women to work outside of their homes and it is mentioned in national and international laws. For instance in article 25 of human right law says that all people men and women can work for their welfare of their lives. Although a woman want to work outside of home to improve her family economic condition she must not change her behave with her husband.
Question: Miss Farzana Amin does the Islam give permission to women to provide alimony ( food, shelter and etc) for her family?
Answer: based on law, women are not responsible to provide alimony but if they want there is not problem for them.
Question: it say in article 118 of civil law that it is the obligation of husband to provide foodstuff, cloths, medical treatment for his wife. Ms. Khaliqi what Islam says about this issue?
Answer: Islam considers the outcome of men and afterward makes decision about it. It means that Islam consider the middle average of husband outcome and then make decision about. Islam does not prevent women working outside of home however Islam does not let women to work outside of home without permission of her husband and for earning of more money. In addition, it is completely prohibited in Islam that women work in foreign organization where money stranger people and foreigners work with them in spite of their husband give them permission.
Question: Miss. What Islam says about obligation of husband to give alimony to his wife?
Answer: based on article 123 of civil law husband is responsible to give alimony to his wife according to his ability and the alimony should meet at least primary needs of family. Also Islam says about this issue that husbands should provide cloths and foodstuff for their wives. The quantity of alimony is not determined in Islam, therefore the most important issue is the outcome of husbands.
Question: Miss Sultani, based on law nonpaying of alimony by husband have penalty for husband or not?
Based on article 121 civil law of our country, during absence of husband the wife can use from properties and money of her husband. In addition, it is mentioned in article 119 civil law that whenever husband does not want to pay alimony for his wife the wife can refer to justice and complain about it and the court force the husband to give her alimony.
Question: Ms. Kaliqyar when the wives deprive from alimony ?
Answer: first when wife deprive from alimony after the death of her husband and after solving of the inherit issue, second after divorce in this case the husband is responsible to give alimony to his ex-wife for 4 months and ten days after divorce. Third when wife want divorce from his husband instead of amount of money. Forth when wife does not obey from her husband.
Question: Miss. Amin after death of husband who will become responsible to provide the widow with shelter and food ?
Answer: after death of husband the wife can use the inherit which left from property of her husband and after passing of the mentioned time (four months and ten days) She is free and can marry or she can run her life with inherit which left from her husband or marry with another individual. After death of husband if the wife have son the son should provide her mother with shelter and food.
Question: Miss. Sultani that is also obligation of husband that his wife purchase precious cloths and goods without considering the husband capability?
Answer: as I mentioned the alimony include food, cloth and medical treatment based on husband outcome .
Question: what law says if wife squander or use the money of her husband in wasteful way?
Answer: Islam and other civil laws rejected squander and wasting of money
Question: Ms. Khaliqyar could you give detail about disobey.
Answer: there are some rules that wives should consider it and based on these rules they should obey from their husbands and there are permission for wives to go out in the case of emergency or go to her father or brother houses for visiting them, but she cannot go to other places for visiting unknown people without permission of her husband.
Thanks from quests and listeners.
