My sister got married in November 2019 and spent 1 month with her husband abroad.
She came back to India alone and she stayed with her husband parents.
Between husband and wife having understanding issues. All elders tried best to make them understand but Groom not in the mood to accept anything even wife apology. He sent the noticed from advocate and fly back.
His parents made an excuse and said to bride we are going out of town for 4 days better you stay at parents house and we will call you once we are back.
After a week Groom parents responded by saying don’t come until your husband allows and permits you to stay with us.
Scenario is more than 2 years now. My sister staying with us and her husband not giving any maintenance to her . He is asking to my sister to take khula because in India as per new law he can’t divorce.
He’s asking to take maher and iddah only no maintenance of 2 years.
I want to know whats the rulling on above matter in islam as per quran and having.
Please note:- My sister not staying with us with her will Groom parents send her and her husband not allowing her .
After came back from abroad my sister was pregnant and had miscarried even in this situation no support from husband physically/financially.
Answer
Wa’alaykum as Salam wa rahmatullahi wa barakatuhu,
In order to respond, kindly advise on the following:
- Did the husband permit her to return back to India after one month?
- How long did he agree for her to stay?
- Did he provide funds for her to return?
Insha Allah, once you respond to these, we will advise accordingly.
And Allaah Ta’aala knows best
Wassalaam,
Ismail Moosa (Mufti)