Rules regarding permanent marriage
2421. For a woman with whom permanent marriage is contracted, it is
haraam to go out of the house without the permission of her husband, though her
leaving may not violate the rights of the husband. Also she should submit
herself to his sexual desires, and should not prevent him from having sexual
intercourse with her, without justifiable excuse.
And as long as she does not fail in her duties, it is obligatory on the husband to provide for her food, clothes and housing. And if he does not provide the same, regardless of whether he is able to provide them or not, he remains indebted to the wife.
2422. If the wife does not fulfil her matrimonial duties towards her
husband, she will not be entitled for the food, clothes or housing, even if she
continues to live with him. But if she refuses to obey occasionally, the common
verdict is that even then she cannot claim any entitlement from her husband. But
this verdict is a matter of Ishkal. In any case, there is no doubt that she does
not forfeit her Mahr.
2423. Man has no right to compel his wife to render household
2424. The travelling expenses incurred by the wife must be borne by
the husband, if they exceed her expenses at home, and if she had travelled with
the husband's permission. But the fares for travel by car or by air etc. and
other expenses, which are necessary for a journey, will be borne by the wife,
except when the husband is himself inclined to take her along with him on a
journey, in which case he will bear her expenses also.
2425. If the husband who is responsible for the wife's maintenance,
does not provide her the same, she can draw her expenses from his property
without his permission.
And if this is not possible, and she is obliged to earn her livelihood, and she cannot take her case to the Mujtahid, who would compel him (even by threatening him with imprisonment) to pay the maintenance, it will not be obligatory upon her to obey her husband while she is engaged in earning her livelihood.
2426. If a man, for example, has two wives and spends one night with
one of them, it is obligatory on him to spend anyone of four nights with the
other as well; in situation other than this, it is not obligatory on a man to
stay with his wife. Of course, it is necessary that he should not totally
forsake living with the wife. And as a precaution, a man should spend one night
out of every four with his permanent wife.
2427. It is not permissible for the husband to abandon sexual
intercourse with his youthful, permanent wife for more than 4 months, except
when sexual intercourse is harmful to him, or involves unusually more effort, or
when the wife herself agrees to avoid it, or if a prior stipulation to that
effect was made at the time of Nikah by the husband. And in this rule, there is
no difference between the situations when the husband is present, or on a
journey, or whether she is a wife by permanent or temporary marriage.
2428. If Mahr is not fixed in a permanent marriage, the marriage is in
order. And in such case, if the husband has sexual intercourse with the wife, he
should pay her proper Mahr which would be in accordance with the Mahr usually
paid to women of her category. As regards temporary marriage, however, if Mahr
is not fixed the marriage is void.
2429. If at the time of Nikah for permanent marriage, no time is fixed
for paying Mahr, the wife can prevent her husband from having sexual intercourse
with her before receiving Mahr, irrespective of whether the husband is or is not
able to pay it.
But if she once agrees to have sexual intercourse before taking Mahr, and her husband has sexual intercourse with her, then she cannot prevent him afterwards from having sexual intercourse without a justifiable excuse.