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Sabr When Husband Is Not Fulfilling The Rights Of His Wife

Answered according to Hanafi Fiqh by DarulUloomTT.net
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Question: A man claims that he still loves his wife, says that he does not wish to divorce his wife, but they do not live in the same house and he has other relationships.
The instructions given by the couple’s sons (one of whom is a hafiz) to the wife is sabr and tawakkul.
Very recently, the wife was told that her husband is saying that another woman who he is not married to, is his one and only  wife.
Are her instructions still sabr and tawakkul, or have she been divorced?

Answer: Assalamu Alaikum,

As Muslims, we are ordered by Allah to always do the right thing and follow the teachings of Islam. As such, if the husband is not fulfilling his responsibility as a husband, then Islam does not command the wife to have sabr and tawakkul. Instead, she is inquired to seek redress, and ensure that her rights as a wife are fulfilled. If the husband cannot fulfill the rights of his wife and keep her in goodness, then the Quran orders him to separate from his wife in goodness. Islam does not give the wife the instruction of having sabr and tawakkul while her husband is being unfair and dishonest to her.

With respect to the statement that was mentioned by the husband, then this must be verified. Simply hearing a statement like that will not bring about a divorce. The husband must be asked as to whether he uttered such a statement or not, and what does he mean by such statement. From the answers given by the husband, the matter will become clear as to whether he has divorced his wife or not.

And Allah Knows Best.

Mufti Waseem Khan.

28/1/2015.

This answer was collected from DarulUloomTT.net, which is operated under the supervision of Mufti Waseem Khan from Darul Uloom Trinidad and Tobago.

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