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DOES A HUSBAND HAVE TO MAINTAIN HIS WIFE IF SHE LEAVE HIS HOME WITHOUT HIS PERMISSION?

Answered according to Hanafi Fiqh by DarulUloomTT.net

QUESTION:

As Salaamu  Alaikum,

If a wife leaves her husband’s home without his permission and at that time she is pregnant. Should the husband take care of her expenses? And the situation is as follows:-

The wife is not yet divorced. She left the home for minor dispute, the husband informed her that both (husband and wife can discuss and resolve the issue) for which the wife did not agree. Husband also had asked the wife to not leave the home. Wife’s father was involved and took her to their home informing that she will come back after 2 days.

After 2 days, she did not come back. She is not providing any genuine reason for not coming back, she just says she does not want to come now (It’s been 7 months now). Also, she is informing that she is not interested in any discussion.

Jazakumullahu Khairan

 

ANSWER:

Wa Alaikum As Salaam,

Based on what you have mentioned, maintenance of the wife in this state is not essential upon the husband.

From your given explanation, the wife left the marital home of the husband without his permission and did not provide any valid reason, acceptable in the Shariah for doing so. Additionally, she decided to reside at her parents’ home away from the husband on her own will, without the husband’s permission and did not provide any valid reason acceptable in the Shariah for this. Therefore, based on her actions, her maintenance is no longer essential upon her husband. That is, from the time she left the marital home of the husband until she stays away, the husband will not be responsible for maintaining her and providing her with expenses for food, clothing and lodging. The Fuqaha (experts Jurists) have regarded her actions as that of a disobedient wife ( الناشزةAn Naashizah) who forfeits the right of being maintained by the husband. Regarding, this the Fuqaha (experts Jurists) have stated:-

لا نفقة لأحد عشر: خارجة من بيته بغير حق و هى الناشزة حتى تعود

(Ad Durrul Mukhtar Ma Ash Shami Vol. 3 pages 575,576 H.M Saeed Karachi. 1406 A.H).

(Kitab An Nawazil Vol. 10 pages 240,241, 243, 244 Darul Isha’at Karachi 2016)

And Allah Knows best

Mufti Waseem Khan

10/02/2021

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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