Is the permission of the husband or master required for a wife or slave, respectively, to undertake I'tikaf?

General Chapter

Al-Mughni

Book of I'tikaf

Book 10 · Issue 3 · Bab 1

Open in Qurani

Primary text

A wife requires her husband's permission, and a slave requires his master's permission, to undertake I'tikaf. This is because their benefits are owned by another party, and I'tikaf prevents the owner from benefiting from them, while I'tikaf itself is not an obligatory religious duty upon them. Therefore, the owners may forbid it.

Supporting text

Abu Hanifah agrees regarding the slave but asserts that the husband cannot prevent his wife from continuing I'tikaf once started with his permission, as her permission grants her ownership of the benefit for that time, analogous to when he permits her to perform Hajj. Malik holds that neither the husband nor the master can dissolve the I'tikaf once entered, as they have contracted for the benefits which were previously held for the sake of Allah. The primary opinion holds that if the permission to enter was given, they may still prevent continuation in voluntary I'tikaf, analogous to revoking permission for a loaned item, unless the I'tikaf was vowed, in which case it must be completed.