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1. Who has got the right to decide where my wife will stay at her parent place or my parent place?

Answered as per Hanafi Fiqh by Askimam.org

In joint family, I stay with my father and mother and brothers and a sister. 1. Who has got the right to decide where my wife will stay at her parent place or my parent place? 2. This MAY 2003 I was on the leave in India (from Kuwait) at that time I informed my wife family that I will send her for delivery back to India after stamping the Residence on her passport in Kuwait. I know that I only had got the right to decide where my wife will stay, so I do not inform this to my parents. Now my parents are refusing the permission to send her to her parents place in India are they right? Or I am right? 3. Is it must for a wife to deliver her first child at her parents place?

Answer

Your wife is married to you and not to your family. You are her guardian, not your parents. They do not have any Shar’ee rights over your wife or her decisions. It is therefore incorrect for them to interfere in your marital life by deciding whether she should go to her parent’s home or not. That is between you and her.

Generally, a woman in her first pregnancy requires the help and assistance of her mother. That privilege should be granted to her if there is no suitable alternative she is comfortable with.

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai

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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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