Husband preventing his wife from serving her terminally ill parents

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: Is it permissible for a husband to prevent his wife from visiting her terminally ill parents who live near her home and are in need of her Khidmat as there is no one else to make their Khidmat? If she goes to make Khidmat of her ailing parents against her husband’s will, will she be sinful? What does Shari’ah command her to do in such a situation?

Bismillaah

A: Islam is a religion of compassion and mercy. Islam has afforded exclusive huqooq (rights) to various people and commanded that their rights be fulfilled. Just as the wife has an obligation towards her husband and is commanded to fulfil his rights, similarly she has an obligation towards her ailing parents and is commanded to fulfil their rights as well. In the situation where her aged parents are in dire need of her khidmat and there is no one else to fulfil this need, then it is compulsory upon her to see to them. The Fuqahaa have written that even if one’s aged parents are disbelievers and they are in dire need of one’s khidmat, then in such a situation, it is compulsory upon one to take care of them. Therefore, it is not permissible for the husband to stop her from fulfilling the Shar’ee obligation that she owes towards her ailing parents. Hence, if she makes Khidmat of her ailing parents and takes care of them, she will not be sinful, rather she will be rewarded.

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

امراة لها اب زمن ليس له من يقوم عليه و زوجها يمنع عن الخروج اليه و تعاهده كان لها ان تعصي زوجها و تطيع الوالد مؤمنا او كافرا لان القيام بتعاهد الوالد فرض عليها فيقدم على حق الزوج (فتاوى خانية 1/443)

فتاوى اللكنوي ص422

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

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