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Obstinate husband

Answered according to Hanafi Fiqh by Fatwa.org.au
If a Muslim brother leaves his wife and child without visiting them and without supporting them financially because his parents are against his wife, what can be done?

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

A person who leaves and absconds his wife and children and does not financially support them inspite of having the means to do so is committing a great sin.

If such a thing does happen, the wife should ask a sensible and trustworthy person to advise her husband and his parents so that her husband comes back to her and her children and fulfills their rights. If that does not work and the wife is unable to bear the hardship, the husband should be asked to give talaaq (divorce) to his wife, so that his wife may marry someone else who will fulfill her rights. If that does not work then the wife should ask for khula – i.e. talaaq in lieu of some money etc. If the husband is still not cooperative, then the wife should take the matter to the local Darul Ifta or to some qualified mufti who will be able to (after relevant procedures) do tafreeq (separation) between her and her husband, so that she may get married to someone else.

(See: Heela Naajiza)

And Allah knows best.

Mufti Faizal Riza
8/9/2011

This answer was collected from Fatwa.org.au, which is connected to Darul Ifta Australia, based in Melbourne, Australia.
It is operated by Mufti Faizal Riza, a student of Mufti Ebrahim Desai from South Africa.

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