I missed several fast days of Ramadan and wish to make them up in the month of Shawwal. However, when my husband learned of this, he refused and asked me to postpone the fast to the next month. Is it permissible for him to force me to do so? I am physically able to fast and want to make up my missed days to clear my responsibility before Allah Almighty, as life is uncertain. Am I required to seek my husband’s permission if I choose to fast in Shawwal?

A woman is not required to seek her husband’s permission who is present with her to make up her unperformed fast days of Ramadan. Moreover, a husband does not have the right to compel his wife to postpone making up her missed fast days until she is left with little time to make them up.

Making up missed fast days of Ramadan for those who have an excuse is not time-restricted

It is established in Islamic law that making up unperformed fast days of Ramadan for those who have an excuse such as menstruation or travel is considered non-time-restricted, i.e., they do not have to be made up immediately. However, this flexibility is limited and it is impermissible to delay making them up after the next month of Sha’ban without an excuse. Aisha (may Allah be pleased with her) said, “I would miss some fast days of Ramadan and I would not be able to perform them except in Sha’ban” (Bukhari and Muslim).

A woman seeking her husband’s permission to make up her unperformed fast days of Ramadan

A woman is not required to secure her husband’s permission to fast the obligatory fast which includes her unperformed days, whether the time frame is flexible or restricted. This is because they are an obligatory duty that must be fulfilled according to Hanafi and Malaki scholars as well as the opinion chosen for fatwa. Additionally, Maliki scholars maintained that a husband cannot compel his wife to postpone performing her missed fast days of Ramadan until the next Sha’ban. The erudite scholar, al-Tahtawi wrote in his Commentary on Maraqi al-Falah, “As for the obligatory duty … it is not contingent upon his [the husband’s] consent because its non-performance is a sin and there is no disobedience to a created being if it entails disobedience to the Creator.” The renowned Maliki scholar, al-Adawi, also wrote in his commentary on Sharh Mukhtasar Khalil that a woman is not required to seek the permission of her husband or master to make up her unperformed days of Ramadan and he does not have the right to force her to postpone them to the month of Sha’ban.

A woman is advised to expedite those duties that must be performed at prescribed times, especially when the time for their fulfillment is limited, over those with flexible timeframes. She should also strive to balance her religious duties with her familial commitments, thereby fostering an environment conducive to happiness in her household while simultaneously fulfilling her obligations towards Allah Almighty.

The ruling

Based on the above, it is not necessary for a wife whose husband is present with her to obtain his consent to make up her missed fast days of Ramadan and a husband cannot compel his wife to defer them until there remains little time for their performance.