“Beit al-Ta’ah” a clause of family law in Saudi Arabia

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This writing is taken from the book of fatwas by the scholars of the Two Holy Mosques 500 Questions and Answers for Women, translated by Hafiz Abdullah Saleem.

Question:

What is the opinion regarding the “Beit al-Ta’ah” of a stranger (a clause in Saudi Arabian family law whereby if a wife disobeys her husband and leaves his house, the court can compel her to return to her husband’s home)? Especially when the husband tries to take unlawful advantage of her?

Answer:

The fundamental principle in the pure Shariah is undoubtedly that there should be good conduct between spouses, because Allah Almighty has said:

وَعَاشِرُوهُنَّ بِالْمَعْرُوفِ

Reference: (4-An-Nisa: 19)

“Live with them in kindness.”
And Allah Almighty’s command is:

وَلَهُنَّ مِثْلُ الَّذِي عَلَيْهِنَّ بِالْمَعْرُوفِ

Reference: (2-Al-Baqarah: 228)

“And due to the wives is similar to what is expected of them, according to what is reasonable.”
Each spouse has rights over the other, which they should fulfill considering them as duties, and it is not permissible for either of them to cause any kind of harm to the other unjustly. And Allah is the Grantor of success.

Reference: (Saudi Fatwa Committee)