As a husband, in Islam is it allowed to stay with a Muslim man in my marital house under one roof ,without my wife’s consent and what is the ruling regarding that?


Praise be to Allah.

The husband is obliged to provide his wife with separate
accommodation that will shield her from people’s view and protect her from
cold and heat, in which she can take care of her private affairs without
anyone disturbing her. The husband does not have the right to force his
wife to live with anyone, because that is harmful to her and impinges upon
her right to private accommodation which is guaranteed to her by Islam. 

Al-Kasani (may Allah have mercy on him) said: if the
husband wants her to live with her co-wives or with one of her in-laws such
as the husband’s mother, sister, daughter from another wife or other
relatives, and she refuses to do so, then he has to provide her with
separate accommodation, because living with others may cause her annoyance
and harm, and her refusal is indicative of annoyance and harm. Moreover, he
needs to be able to be intimate with her at any time, and that is not
possible if there is a third person present with them. But if there are
several rooms in the house and he allocates one room to her and puts a lock
on the door, they said: She does not have the right to ask him for separate
accommodation.

End quote from Badai‘ as-Sanai‘, 4/23 

We have previously discussed the wife’s right to separate
accommodation and the opinions of the scholars concerning that. Please see
fatwas no. 142998 and
167997

With regard to this question, the answer to that depends
according to the nature of this man’s stay in the house. 

If his stay is temporary, such as if he is a guest for
example, then this is the husband’s right and the wife has no right to
object to that, so long as she has a place in the house where she can sleep
and her privacy is assured, without the guest being able to see her. A
woman’s living with a man who is a stranger (non-mahram) to her is
permissible subject to two conditions: 

1.    
That there be a mahram or
husband present with her

2.    
That there be several rooms and
enough space so that the stranger cannot see the woman. 

It says in al-Ghurar al-Bahiyyah fi Sharh al-Bahjah
al-Wardiyyah
by Shaykh Zakariya al-Ansari (4/364): From this the issues
of living in the same accommodation and khalwah become clear; it is known
that it is permissible for a man to be alone with a non-mahram woman if a
mahram (of hers) is present, and that it is not allowed for him to live in
the same accommodation as her unless there are a number of rooms or the
house is spacious enough so that they cannot see one another. End quote. 

One of the indications that it is permissible for a man to
host a guest in his house is the report narrated by al-Imam Muslim in his
Saheeh
, no. 2084, from Jabir ibn ‘Abdillah (may Allah be pleased with
him), according to which the Messenger of Allah (blessings and peace of
Allah be upon him) said: “A bed for the man, a bed for his wife, a third for
the guest, and the fourth is for the shaytan.” 

This hadeeth indicates that there is nothing wrong with a man
having a bed ready for one who comes to stay with him as a guest. In Fayd
al-Qadeer Sharh al-Jami‘ as-Sagheer
(4/424) it says: With regard to the
bed for the guest, that is something that should be prepared by the host,
because that is part of honouring him and giving him his due, and because he
cannot sleep with him and his family in the same bed. What the hadeeth means
is that if a man wants to have more than one bed, then the limit is three
and the fourth is unnecessary, so it is an extravagance. End quote. 

In fatwa no.
117957
we explained that the wife does not have the right to object to
her husband hosting a guest in his house so long as that does not cause her
direct harm. 

But if this man is going to stay in the house permanently or
long-term, then in that case it is permissible for the wife to object to
that, and it is not permissible for the husband to force her to accept it,
because she will be harmed by the presence of a non-mahram in the house. It
is also contrary to her right to separate accommodation. 

With regard to the rulings on this matter, khalwah between
the guest or lodger and the wife should be avoided (i.e., they should not be
alone together), and lowering the gaze and other matters of Islamic
etiquette should be adhered to. For information on the ruling on khalwah or
being alone with a non-mahram woman, please see fatwa no.
94019 

With regard to the wife serving her husband’s guests, this is
a matter concerning which there is a difference of opinion among the
scholars. The Malikis and those who agreed with them are of the view that
the wife is not obliged to serve her husband’s guests even in situations
where she is obliged to serve her husband. 

It says in ash-Sharh al-Kabeer by ash-Shaykh al-Dardeer
and Hashiyat ad-Dasooqi (2/511): If the wife is not able to do
housework or she is able, and the husband is poor, then she must do basic
housework such as making dough, sweeping, tidying up and cooking for him,
but not for his guest.

End quote. 

Some scholars think that it is obligatory for the wife to
serve the guests on a reasonable basis. Al-‘Ayni (may Allah have mercy on
him) said:

The child and wife are obliged to serve the guest as the head
of the household is obliged.

End quote from ‘Umdat al-Qari Sharh Saheeh al-Bukhari,
5/101 

The more correct view is that the wife is obliged to serve
her husband’s guests on a reasonable basis. ash-Shaykh Ibn ‘Uthaymeen (may Allah
have mercy on him) was asked about a woman whose husband asked her on some
nights of Ramadan to make food for his guests, but when she did that she
felt very exhausted and was not able to pray qiyam on those nights – is she
obliged to obey him in that regard, if that goes on for most of the nights
of Ramadan? He said: What is required is for the wife to treat her husband
in a fair and kind manner and for the man to treat his wife in a fair and
kind manner. Allah, may He be exalted, says (interpretation of the meaning):
“Live with them in accordance with what is fair and
kind” [an-Nisa ‘4:19]
. It is not part of being
fair or kind for the man to make his wife exhausted with serving him at such
times and in such situations. But if he insists then what his wife should do
is obey him, and if she is too tired to pray qiyam, or it is too difficult
for her, then Allah, may He be exalted, will record for her what she
intended and wanted to do, because she only failed to do it because of the
excuse of doing what she was obliged to do of obeying her husband.  

End quote. 

And Allah knows best.