Is it permissible for a wife to waive some of her rights to appease a fearful husband prone to neglect or separation?
General Chapter
Al-Mughni
Book of the Wedding Feast
Primary text
It is permissible for a wife to waive some of her rights to appease her husband if she fears his abandonment or neglect due to factors such as her illness, old age, or unattractiveness. This is supported by the verse stating that if a wife fears her husband's ill-will or aversion, there is no blame if they reach a settlement between themselves (Quran 4:128). Aisha narrated that this applies when a man wishes to divorce his wife or take another wife, and she asks him to keep her, allowing him to be free from her maintenance (Nafaqah) and the division of nights (Qasm) if he agrees not to divorce her or marry another. The ruling is based on the explicit permission for such a settlement mentioned in the Quran and exemplified by the action of Sawdah bint Zam'ah who yielded her night to Aisha to remain with the Prophet (peace be upon him). Any settlement regarding the waiving of the division of nights or maintenance, entirely or partially, is valid.
Supporting text
If the wife later revokes the agreement, she is entitled to reclaim those rights. Similarly, if a husband leaves his wife for a period and agrees to terms conditional upon her consent, the agreement is valid, but she retains the right to revert if she chooses.