A judge in the Hanafî Madhhab will not separate a poor husband who does not pay nafaqa; instead he will determine a certain amount of money as the wife’s monthly or yearly nafaqa and, if the wife is rich, he will order her to use her own property to meet her own expenses or, if the wife is poor, he will order the husband’s or wife’s mahram relatives, for whom it would be farz to pay nafaqa to the wife and to her small children if her husband were dead, now to give her a loan or to sell her goods on credit. He will imprison the ones who decline to lend her or to sell her goods on credit. Thereby, when the husband becomes rich enough, the wife’s mother and/or father and/or paternal uncle(s) and/or brother(s) and her children’s paternal uncle(s) and/or brother(s) or she herself will get from him the expenses they have made.
[If she does not have a relative rich enough to lend her or to sell her something on credit, the Beyt-ul-mâl, i.e. the State will lend her. If this last alternative is not possible, either, she will find a job for women and work without mixing with men. For instance, she will work in a hospital, looking after female patients only and washing the corpses of women only, or work as a wet nurse or a midwife or a teacher for girls.]
( A person whose property is the amount of nisâb for the performance of qurbân, (i.e. a person who has so much property as it has become wâjib for him to perform the act of worship termed ‘qurbân’,) is a rich person[1]. A person who does not possess that nisâb is called a poor person.)
* If a woman or girl does not have parents or any mahram relatives or if they are poor although they exist, and if she is not supported or aided by the Beyt-ul-mâl, i.e. the State, or by anyone else or by any charity association, either, this woman or girl will have to work for her living and/or for the living of her children or her parents who are too old to work. She will work at places where women are employed and men are not allowed to mix with them. If she cannot find a job without any male employees and she has to work at least for a subsistence level of nafaqa so that she may protect her health, her faith, her chastity, and her honour and dignity as a Muslim, then it will be permissible for her to work at a job where men also are employed, provided she will cover herself in a manner prescribed by Islam as she works among those men who are nâmahram to her. Any attempt to prevent her from earning that indispensable nafaqa will fit into the category termed ‘ikrâh’, (which means ‘constraining’, ‘intimidation’, and which is one of the acts that Islam prohibits and inflicts a punishment for.) It will not be permissible for her to stay there any longer than she needs to. If she lives in the Dâr-ul-harb and the people she is working for oppress and persecute her by saying, for instance, “You cannot work here like that. Either work with your head and arms bare, or leave this place and find yourself another job,” and she cannot find a job where she can work covered as she is; according to the qawl of Abû Yûsuf, it will be permissible for her to work with her arms bare. It is written in Ibni ’Âbidîn and in Fatâwâ-i-Hindiyya that there have been Islamic scholars stating that it is not farz for a woman to cover the part of her hair hanging from her ears. It is permissible to avail oneself of the convenience offered by way of this qawl-i-dâ’îf in the event of a (quandary termed) haraj. (Please scan the fourth chapter of the fourth fascicle, and also the twentieth chapter of the second fascicle, of Endless Bliss for the term ‘haraj’.) Although it has been stated unanimously by Islamic scholars that it is farz for a woman to cover the hair on her head, it will be permissible to uncover it under ikrâh. A woman under ikrâh of this sort must always be looking for a job where she can work without having to mix with men or by covering herself properly. And as soon as she finds one she must change over to that new job. As she walks or commutes to and from work, she must always cover her head and arms. When she marries a Muslim man, her husband will have to provide her nafaqa. Although she will not have to pay nafaqa to her parents and children since she is not rich, she ought to support them by working with her husband’s permission. Learning the teachings that are farz to learn is like earning one’s nafaqa.] __________________________________
Post source: Seâdet-i Ebediyye Endless Bliss Sixth Fascicle / p. 113 ; p.123
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