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Her husband lied to her to encourage her to travel abroad

Question

i am kashmir (india) born married to kashmiri (india) born , but presently he is australian citizen. he got me to australia 8 months ago. i have a 19 mnth old boy. when i was 2 month pregnant my husband left me in kashmir alone . i stayed with my parents. after the birth of child i had problems with my inlaws. he tod me on phone that he will be good to me only when i will be silent. he didnt came till my baby was 10 months. when he came he tell lie and motivated me and took me and my child with him to australia. here his behaviour was different. he tell lies after lies in a cleaver way. his intention of getting me here was me to do job and put my child to child care, which i refused clearly. i told him that why he tell lie to me when he came back to india. he replied that if i would not hav tell lie you would not hav come with me here. it is hard for me to tolerate his behaviour. i told him number of times that i want divorce . he tried to kill himself by puting knife on his neck. once he sprayed acid to his mouth. he dont listen to me . he listens what his parents tell him to do . i dont trust him any more. i dont even like to see his face. he made my child australian citizen. i myself am an indian citizen.can i appeal for divorce and take my child back to kashmir.

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.

Islam urges the spouses to have good marital relationship with each other as this is a means for the stability of marital life. Allaah Says (what means): {And due to the wives is similar to what is expected of them, according to what is reasonable.}[Quran 2:228] For more benefit, please refer to Fatwa 86618.

In fact, your husband has no right to oblige you to go out to work. As regards lying, there is no doubt that it is a bad trait that is not befitting for a believer. Sharee’ah permitted lying between the spouses in matters that are beneficial for the stability of marital life. However, a spouse should not have the habit of lying when dealing with the other spouse. For more benefit, please refer to Fatwa 90665.

Furthermore, it is not permissible for the wife to ask for divorce just because her husband lied to her. So, we advise you to be patient and endeavour to have a mutual understanding with him about the problems that arise.

It should be noted that the benefit is not always in a wife obtaining divorce; especially that Allaah blessed you with a child from your husband who has the citizenship of another country and this may lead to a dispute between you in regard to fostering the child. Therefore, we stress that you should be patient and try to reconcile with your husband as much as possible.

However, if the marital relationship between you worsens and you hate your husband and you fear that this would lead you to be negligent about his rights on you, then you have the right to ask him for Khul’ in return for compensation as confirmed in the Sunnah. For more benefit on Khul’, please refer to Fatwa 89039.

It should be noted that it is not permissible for a Muslim to commit suicide, because, in doing so, one loses this life and the Hereafter. If he is distressed and sorrowful, then he should turn to Allaah and ask Him to make a way for him to get out (from distress); Allaah Says (what means): {Is not He (better than your gods) Who responds to the distressed one, when he calls Him, and Who removes the evil?}[Quran 27:62] Also, you should supplicate with the supplication of a person in distress. The Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: “Allaahumma rahmataka arjo fala takilni ila nafsi tarfata 'ayn, wa aslih li sha'ni kullahu, la ilaaha illa ant.

O Allaah, it is Your Mercy that I hope for, so do not leave me in charge of my affairs even for a blink of an eye and rectify for me all of my affairs. None has the right to be worshipped except You.” [Ahmad and Abu Daawood] For more benefit, please refer to Fatwa 84296.

Allaah Knows best.

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