Her husband insists that she must live with his uncle’s family
Fatwa No: 189065

  • Fatwa Date:1-11-2012 - Thul-Hijjah 17, 1433
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Question

Assalamualaikum I am married. my husband is living with the family of his father’s elder brother. I was married to that house. They have no childrenI had twins and When I was 6 month pregnant both were dead in the womb itself. At that time I had severe pain and wife of my father in laws brother didn’t cared me. Also they didn’t take me to the hospital at right time. Also she always tries to keep my husband away from me other family member even from my husbands own mother, sister etc. She is looking after my husband from 4 years old. After the death of my children I am feared to live with that lady and his husband. I feel that she had did something for their death. Now I told to my husband that I will not stay with that lady. But husband is not ready for this. Now am staying with my parents. They are looking after me. My is not paying anything to me. For about 2 months we are living separate. He said that he wants divorce if am not living that lady. But am really feared to live with her. She always try to insult me. Now am going for a job. My husband doesn’t like this. I don’t know what to do I don’t want divorce . I want to live with my husband. I have two sisters .my parents and my mother in law are very much depressed.pls say any solution or dua

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, is His slave and Messenger.

Among the rights of the wife upon her husband is that he provides her with a separate accommodation and she is not obliged to live with any of his relatives as stated by the jurists  may  Allaah  have  mercy  upon  them. For more details, please refer to Fatwa 84608. So, you have the right to ask your husband for this.

Moreover, the husband is obliged to spend on his wife unless she is recalcitrant as clarified in Fatwa 85012. Therefore, if you are not a recalcitrant wife, then you have the right to ask him to spend on you.

As regards work, in principle the wife is not permitted to work without the consent of her husband as we clarified in Fatwa92407. However, if the husband does not spend on his wife and she needs to go out to work, then it is permissible for her to do so even without the consent of her husband. For more benefit, please refer to Fatwa 82399.

On the other hand, it is not at all appropriate to leave the matter like this, i.e. staying separated; reconciliation should be sought as reconciliation is better as Allaah informed us in His Book. Hence, some righteous people from the family of the wife and the family of the husband should be appointed for this purpose. Then, if reconciliation is achieved and the problem is solved by you being provided with a separate accommodation, then this is what is required. However, if you want to be patient with your husband and live with him in the house of his uncle’s wife, then you may do so as well. But if neither of these outcomes is achieved, and it has become impossible to live together, then it might be that divorce is the best solution. Allaah Says (what 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]

On the other hand, it should be noted here that it is not permissible to accuse someone of anything without evidence, as in principle, a Muslim is innocent [until proven guilty]. Allaah Says (what means): {O you who have believed, avoid much [negative] assumption. Indeed, some assumption is sin.} [Quran 49:12] For more benefit, please refer to Fatwa 128834. Instead, a Muslim should endeavor to protect himself by Ruqyah and the authentic Islamic legislated mention of Allaah and Prophetic supplications.

Finally, we ask Allaah to make a way out of your difficulties for you and to facilitate your matter and reconcile between you and your husband as Allaah hears our supplication and He responds to it.

Allaah Knows best.

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