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Your husband should live with you honourably or divorce you with kindness

Question

My father in law died four months back. We went for funeral to Pakistan from UK. I returned, my husband stayed till 40th. Now he doesn't want to leave his mother alone although he had other brothers there as well. He doesn't want me bak. We are happily married for 11 years but have no children. His mother is not leaving him and asking him to marry here. She is very religious and wont like her daughter to be left alone but she doesnt think about me. I need an answer 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  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

If your husband does not fear that his mother would be neglected, and he finds someone to take care of her if she needs care, then he is not obliged to stay with her. Besides, if she orders him to divorce you, he is not obliged to obey her in this matter if she has no sound reason and it is not permissible for her to order him to divorce you.

However, if he wants to marry a second wife, he is permitted to do so if he is able to be just (between his two wives). Nonetheless, he is not permitted to leave you hanged, neither married nor divorced; he is obliged either to keep you in an acceptable manner or divorce you with good treatment.

Therefore, we advise you to be wise in seeking mutual understanding with your husband about this matter, and it is acceptable to appoint some righteous and rational people from your family and his to judge between you if necessary.

It should be mentioned that if he divorces you, you should not be attached to him and you should be pleased with what Allaah predestined for you. Finally, you should supplicate Allaah to compensate you with another husband who is better than him, and remember the saying of Allaah (which means): {But if they separate [by divorce], Allaah will enrich each [of them] from His abundance. And ever is Allaah Encompassing and Wise.}[Quran 4:130]

Allaah Knows best.

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