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Fatwa CenterNo harm on wife if husband agrees that she lives away from him
Question
Both my parents are 84 years of age, they are otherwise stable and live in their own house in Islamabad, Pakistan, with a servant cum cook. Both have had a long life living together, but their nature is different. My father wants to be at his own, away from distractions and disturbances in his hobby of studying books, hence not allowing anyone else at home, particularly children, while my mother is the opposite. She likes to be with more family members to keep the home vibrant and lively. This rift has widened now. Father does not like me to stay with them due to this reason. I live nearby, but in a separate house. Lately, my father has allowed my mother to stay with me and my family, but she is to keep visiting him two to three times a month. They agreed on that. It should be mentioned that my father is not angry about i. My mother, however, being very fearful of Allah, is asking whether that could cause Allaah to be angry with her for staying away and with me for keeping her away from him. Please, we would be grateful for your reply please.
Answer
All perfect praise be to Allaah, The Lord of the worlds. I testify that there is none worthy of worship except Allaah and that Muhammad, sallallaahu ʻalayhi wa sallam, is His slave and Messenger.
If your parents reached a mutual understanding in this regard, then there is no harm in that. Your father gave up his rights over his wife. The adult Muslim individual who is competent for religious assignments is entitled to relinquish his own rights if he willingly chooses to do so. The Kuwaiti Encyclopedia of Islamic Jurisprudence reads, “The basic principle is that if the individual gave up his right and he is legally entitled to give up his right and the right can be legally given up, then the right becomes legally waived.”
Allaah knows best.
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