An Analysis of the Role of Custom in the Wife’s Permission from the Husband

Abstract

The issue of the role of custom in the necessity of obtaining permission from the husband for the wife’s leaving the home is both a legal and social question. While civil laws may offer different interpretations of general obedience, social and familial custom increasingly emphasizes coordination and notification rather than explicit permission. This study, conducted through a descriptive–analytical method, seeks to clarify how custom affects the interpretation of this issue and the possible moderation of legal restrictions, based on the assumption that custom can serve as a basis for facilitating women’s social participation and modifying traditional approaches. The findings indicate that social, familial, and local custom constitutes a key criterion for identifying necessary cases in which a woman may leave the home, defining obedience as mutual cooperation, and determining the limits of her domestic responsibilities and decision-making autonomy. These unwritten norms determine the scope of the husband’s permission and are even invoked in jurisprudence and law. Urban custom, through the expansion of women’s social presence, has broadened the scope of their freedom, and judicial practice also prohibits unreasonable practices. Custom also redefines the notion of conflict between the wife’s supererogatory fasting and the husband’s rights and, by recognizing individual autonomy, permits the performance of supererogatory acts of worship without the need for explicit permission, provided that they do not disrupt marital life. Ultimately, by creating a balance between individual rights and familial tranquility, custom contributes to the dynamism and stability of marital relations.