Section 5Sec./Art. 5

Rights and Obligations Between Spouses

Article 34. Mutual rights and obligations.

(1) The husband and the wife are obliged to live together, observe mutual respect and fidelity, and render mutual help and support in accordance with this Code.

(2) When one of the spouses neglects his or her duties to the conjugal union or brings danger, dishonor or material injury upon the other, the injured party may petition the court for relief. The court may counsel the offender to comply with his or her duties, and take such measures as may be proper.

(3) The husband and the wife shall inherit from each other in accordance with this Code.

(4) The husband and the wife shall have the right to divorce in accordance with this Code.

Article 35. Rights and obligations of the husband. The husband shall fix the residence of the family. The court may exempt the wife from living with her husband on any of the following grounds:

(a) Her dower is not satisfied in accordance with the stipulations; or

(b) The conjugal dwelling is not in keeping with her social standing or is, for any reason, not safe for the members of the family or her property.

Article 36. Rights and obligations of the wife.

(1) The wife shall dutifully manage the affairs of the household. She may purchase things necessary for the maintenance of the family, and the husband shall be bound to reimburse the expenses, if he has not delivered the proper sum.

(2) The wife cannot, without the husband's consent, acquire any property by gratuitous title, except from her relatives who are within the prohibited degrees in marriage.

(3) The wife may, with her husband's consent, exercise any profession or occupation or engage in lawful business which is in keeping with Islamic modesty and virtue. However, if the husband refuses to give his consent on the ground that his income is sufficient for the family according to its social standing or his opposition is based on serious and valid grounds, the matter shall be referred to the Agama Arbitration Council.

(4) The wife shall have the right to demand the satisfaction of her mahr.

(5) Unless otherwise stipulated in the marriage settlements, the wife retain ownership and administration of her exclusive property.

(6) The wife shall be entitled to an equal and just treatment by the husband.