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My Wife Left Me After I Was Locked Up: What Are My Rights?

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I am married with my wife for almost 15 years and we have 3 children together. We have had a lot of problems before and I except the fact that most of the time I was to be blamed for the problems, drugs was 1 of the biggest problems in our marriage.

Recently I was set up by some cops and got locked up. In that time my wife got hold of my phone and listened to some voice notes where A and I was chatting. The chatting all started when I get into bed then my wife will turn her back to me and go sleep. Thats how it came that I was chatting to another female. When I came home after I was locked up then I was put out of the house becoz of the voice notes and me being locked up. I moved out but that wasn’t enough for her. Becoz its my moms house and I’m my mothers only child.

After I slept in my car for a few nights already I got a msg from her saying that she dont know how to face me but shes moving out. I got at home with in about 30 mins and all her and the kids stuff was packed in boxes already she was just waiting for a truck to cum and load her stuff. I went back to work while she was still at home after work when I got home, the place was empty. She just left without saying anything; where shes going or whats going to happen. Becoz her mother stays in a different area now, shes telling me she got the kids into schools close to her mom which means to me that she’s not intending to come back home and leave me for good.

Firstly, is she allowed to leave the house that we were living in without my permission irrespective the issues?

Secondly, can her mother just accept her like that just by listening to her side of the story and not mine? Uptill this very moment, not 1 of her family members contacted me in any way to find out what my side of the story is.

Thirdly, shes now sleeping almost a week out of the house. What can be done about this situation?

Bismillaah

A: Correct yourself and leave the drug abuse and the other wrongs. Insha-Allah she will also respect you. Why should you be one sided?

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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