Is a working wife’s maintenance the responsibility of her husband, or should an employed wife cover her own expenses from her salary? Opinions often differ on this issue. For that reason, this article explains how Bahraini Family Law addresses the matter.
The team at Bahrain Lawyer Maintenance of a Working Wife in Bahrain
has prepared the following article to explain the legal rules governing maintenance for a working wife. Read on for the details.
Table of Content
Maintenance of a Working Wife in Bahrain
Spousal maintenance is one of the legal consequences of marriage and a right of the wife. The husband is required to provide maintenance for his wife even if she is financially well-off or owns property.
The same rule applies to Maintenance of a Working Wife; employment does not by itself remove the husband’s duty to support his wife.
Maintenance becomes due when the wife fulfils her marital obligations and enables her husband to exercise his marital rights. When this requirement is met, the husband must provide adequate maintenance.
The amount of maintenance is determined according to the husband’s financial means and ability to pay. It generally includes food, accommodation, clothing, medical care, domestic assistance where appropriate, and other expenses recognised by custom
. A husband cannot require his wife to pay her own maintenance merely because she has an income or personal wealth, unless she agrees to do so.
Under Bahraini Family Law and the rules applicable under Sunni jurisprudence, if a husband who is present refuses to maintain his wife, has no apparent assets, and does not establish that he is financially unable to pay, the court may order him to provide maintenance.
If he continues to refuse, the wife may have the right to seek divorce in accordance with the applicable legal requirements.
Although the law recognises the wife’s right to maintenance, there are circumstances in which that right may cease. These include:
- The wife refuses to move to the marital home or leaves it without a legally recognised or Sharia-based excuse.
- The wife prevents her husband from entering the marital home without a legally recognised or Sharia-based excuse.
However, a wife does not lose her right to maintenance if she has a valid reason for refusing to move to the marital home. This may apply, for example, where the husband cannot be trusted with her personal safety, property, or honour, where he has not paid the prompt portion of the mahr before consummation, or where he has failed to provide a suitable marital home.
A wife’s nushuz may also be established where she refuses to comply with a final judgment requiring her to follow her husband to the marital residence. This is addressed under Article 54 of the Bahraini Family Law.
Frequently Asked Questions About Maintenance of a Working Wife in Bahrain
Below are some common questions related to this topic:
Is a husband required to provide maintenance for his working wife?
Yes. A husband is generally required to provide maintenance for his working wife from the time of a valid marriage contract, even if she is financially well-off, provided that the legal requirements for entitlement to maintenance are met. Maintenance may cease in the circumstances established by law.
Is an employed wife entitled to maintenance?
Yes. Employment and personal income do not, by themselves, remove a wife’s right to maintenance. Her entitlement is determined according to the applicable provisions of Bahraini Family Law and the circumstances of the marriage.
Can a working wife lose her right to maintenance?
Yes. A working wife may lose her right to maintenance in certain cases, including where nushuz is legally established in accordance with Bahraini Family Law.
This article has explained the rules governing Maintenance of a Working Wife in Bahrain and why a wife’s employment or personal wealth does not, by itself, remove her right to maintenance.
You may also wish to learn about the main reasons for loss of maintenance in Bahrain, review a suitable format for appealing a wife’s maintenance judgment in Bahrain, and see a sample wife and children maintenance claim in Bahrain. For further legal advice, you can also contact one of the 11 listed maintenance lawyers in Bahrain.
A Bahraini lawyer and the founder of a legal consultancy firm established in February 2019. He holds a Higher Degree in Sharia and Law from Al-Azhar University. He has extensive experience in court representation and providing legal advice in criminal, personal status, civil, and commercial matters. He is known for delivering clear, practical, and effective legal advice aimed at protecting his clients’ rights and interests, and has achieved tangible results in notable cases, including commercial litigation and inheritance matters
