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Cash For Motherhood?! ------ 3/8/2004 ------

Once again, the social matters of marriage are raised, causing disturbing controversies among the families. A wife�s duties towards a husband have been among the controversial issues; some claim that these duties are obligatory ones a wife has to fulfill, while others confirm that it is up to a wife to do such duties or not.

The right of a wife to take payment for nursing her babies has been lately discussed among a number of the religious scholars in Egypt. This hot topic has been raised after a Fatwa issued recently by the Egyptian Mufti, Dr. Ali Jumuah, and published in an independent newspaper in Cairo. According to this Fatwa, a wife has the right to give up the duties of serving her husband and kids, and she can claim a payment for nursing the babies. Additionally, the Fatwa has confirmed that a woman is not married for just serving a man as a housemaid, but for the cordiality with her partner. Accordingly, a husband has to spend on a wife and hire for her a housemaid.

The Fatwa adds that a woman services her husband as a favor, particularly the marriage in the Islamic Shar�a is not only for setting up a family, but also for fending off the seduction.


In an interview with Dr. Ali Jumuah, he stressed that the ultimate aims of the marriage in Islam are sincere affection, chasteness and living as well as the cooperation between the two partners for the good and devoutness. He added that the Islamic Shar�a details all the rights and duties for each part. One of the wife�s rights is to be financially cared by a husband, to feed her from what he eats, to dress her, to speak to her nicely and never to abandon her in bed unless in case of the disobedience situation.


As published in Al-Shark Al-Auossat (Middle East) daily newspaper, the Mufti explained that a wife has the right to take a payment for feeding her baby as Allah ( glorified and exalted be He) said in the Glorious Qur�an: �If they (women) nurse your babies for you pay them their wages�. But if a husband is financially incapable to do while a wife is satisfied, then no harm. Also, some of the Islamic scholars said that a husband must hire a housemaid for his wife to help her in the household works as she is not obliged to serve as a maid on the basis that that the marriage contract is limited to the pleasure and delight.


In her commentary on this Fatwa, Dr. Suaad Salih, a professor of Fiqh at Al-Azhr University, said, �it is necessary to distinguish between the nursing and the service of the husband and sons. A woman , whether married or divorcedf, has the right to claim a payment from a husband for nursing and feeding her babies as stated generally by Allah in His, �If they (women) nurse your babies for you then pay them their wages�. A woman can satisfactorily give up this right if she wishes so, but a husband must fulfill this right once his wife claims it.



Indeed, the scholars have different opinions concerning a wife�s service of her husband and sons and the housework. Some of them say that if a wife was used to doing these works in her family house before moving to the martial house then she is obliged to do the same with her husband. Others indicate that if a wife had a maid in her father�s house and a husband is able to provide one for her then it is a must on a husbandto rent for a wife a maid. Because the spending of money is an obligatory duty on the husband for the wife, Prof. Suaad added explaining that the enclosure right is the wife being able to obey the husband�s demands.

Prof. AbdulHai A�zab, the teacher of Fiqh Basics at Al-Azhr Sharea and Law College , agrees with the previous opinion, as he stresses that the matter of the mother feeding her baby is an issue that hold many opinions. Some of them do not consider the nursing a must on the woman as Allah said:� If they nurse (your babies) for you pay them their wage�, whilst others consider the nursing as one of the obligations of her because a wife�s duties involve keeping the martial rights. Additionally, there are shared duties between a man and a woman, namely, bringing children up, and spending valuable time on their bringing as pure as correct Islam. So, as the bringing up of the children is the responsibility of a man to provide livelihood, dress and habitant, similarly, it is obligatory on a women to care and secure them. Included within that is the nursing of her baby, Prof. Azab continued.

Prof. Azab explains that as the Fuqaha made it obligatory on a mother to feed her baby, some of them excluded the nursing obligation from the rights carried out by a woman. In this situation, if a mother refuses to nurse her baby but for a wage then she has the right to be paid. In this cocern, Prof. Azab says, � Forget about this disagreement, let us consider the matter logically, thinking about the principles and demands of the correct bringing up. The specialists confirm that the normal son is the one who sticks to the natural nursing.�

Moreover, if a mother nurses a baby, he will be brought up in an affectionate relation and martial tie. It is the secret of the real motherhood. Consequently, the human nature urges a mother to nurse her baby and the ones who do not have motherhood affection do not nurse their babies, and those are minority in the society. This exception does not represent a rule as the commands are directed to a majority rather than a minority.

On the other hand, Prof. Mohammad AbdulMin�am Al-Brri, former Head of Al-Azhr Olama (Scholars) Front and the teacher in Islam Calling, considers that it is a right of a woman to ask for a wage for nursing the baby from her husband as Allah (glorified and exalted) said: �If they nurse (your babies) for you pay them their wages�, while the service in the husband�s house is a favor and she is not obliged by that from Sharea demands, she has the right to ask for a wage for this service or be brought a maid by the husband.

He adds that we are refuting the claims of the doubtful people who have no other matter but fighting Islam and enflaming suspicion around it, especially in what is related to woman rights in Islam. Which religion, other than Islam, gives a woman her due respect, glory, appreciation and kind treatment? he asked.

Shiekh Yousuf Al-Badri , a member of the Higher Council of Islamic Affairs in Cairo, has a completely different opinion. He confirms that the Prophet (may peace be upon him) never mentioned that a husband is required to bring a maid for his wife or to pay the wife any wages for nursing, but a husband should sustain what a woman may need. If the milk in her breasts does not require more effort or any expenses then the nursing of the baby is an obligatory on the mother.

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