Who owns the benefits derived from the wife (excluding in cases of slavery)?

General Chapter

Al-Mughni

Book of Marriage

Book 35 · Issue 3 · Bab 1

Open in Qurani

Primary text

The benefits derived from the wife belong to the husband because the marriage contract is a contract regarding her benefit, thus resembling a lease contract (ijārah). Consequently, the husband is entitled to enjoy marital relations with her. This distinguishes her from a slave ('abd). Furthermore, the husband benefits from marrying her through the dowry (mahr) and offspring he obtains, and his obligations for her maintenance (nafaqah) and clothing (kiswah) are discharged, which is contrary to the case of a slave.