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I am 8 months pregnant and have been married for 2 years. Last week my husband left me, packed up all his belongings and said he needed space. …Is this grounds for talaq and if so what paternal rights will he have.

Answered according to Hanafi Fiqh by Askimam.org

I am 8 months pregnant and have been married for 2 years. Last week my husband left me, packed up all his belongings and said he needed space. He has even threatend me with Talaq and it some how looks like this is the only option at this stage. I am conflicted and only want whats best for my unborne child.

Is this grounds for talaq and if so what paternal rights will he have.  I am scared if i allow him to visit my child regularly he will hurt my son as much as he has hurt me.

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

You are in the last stages of your pregnancy and it is unfortunate that your husband has left you when you require him most. We make dua that Allah grant you courage and guide you in your dilemma, Aameen.

Our advice to you is to make sabr and try to resolve the dispute with your husband. Talaq has many negative factors, especially for your child. No one can replace the father. As a mother, you will feel the pain of your child being without the father.

If you cannot address the issue with your husband now due to your emotional state, you should seek the assistance of a family member and consider the way forward.

And Allah knows best

Wassalam

Mufti Ebrahim Desai
Darul Iftaa, Madrassah In’aamiyyah

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This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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