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My Rights in Marital Issues: Wife Left with Kids and Protection Order

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I and my wife are currently experiencing marital issues/problems. After a heated argument/exchange I said to her that she must be out of the house when I get home. On my return that evening I found that my wife had indeed left, taking our four kids, all of their clothing, all of the groceries and some items which belonged to me. Apparently she went to her friends home and later that week to family (She was gone for a whole week), Subsequent to this I was served with a protection order wherein the Magistrate declared that I am to leave the property and that I am barred from entering my home until some time in October when the court will make a decision relating to the order whether it may make it permanent. I have been in a state of depression ever since and am now sharing a BED with my uncle as I have no other place to go to. I have not issued any Talaaq but have been instructed by her family that I must continue paying the rent and expenses as nafaakaah. Firstly, what rights do I have here, my wife does not want to re-concile saying that she needs time as I have caused too much damage over the 14 years of marriage. She says that she has until October, this is very unfair to me (my opinion) Admittedly I have done wrong in the past, I have expressed regret and remorse but she seems to not be listening / willing to let me back. I love my kids and do care for my wife and do not want to lose them. Please guide me and assist me here even if the pill is bitter to swallow.

Bismillaah

A: If she is not coming to the marital home in spite of you calling her then she is not entitled to any nafaqah.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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