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What Is the Ruling of the Husband Living Away From His Wife?

Answered as per Hanafi Fiqh by Seekersguidance.org

Answered by Shaykh Abdul-Rahim Reasat

Question: Assalamu alaykum

What is the ruling of the husband living away from his wife in ‘idda and marriage?

Is there any difference to the ruling, if the wife owns the marital home?

Answer: Wa ‘alaykum as-salam wa rahmatullah wa barakatuh

Thank you for your question.

During Marriage

In general, the husband may live away from his wife whilst married to her, as long as this fits under the bracket of ‘maʿruf’, universally recognised goodness, which the Qur’an commands. This could be temporary for the purposes of work, etc. However, if it is for too long, such that it encroaches on her rights to things such as finances, his good company, or intimacy then he would be sinful (al-Maydani, al-Lubab). Specifying the time period would be dependant on what her needs are.

During the ʿIdda (Waiting Period)

There are multiple types of ʿidda, but what concerns us here is the ʿidda from a revocable divorce (ṭalāq rajʿī) and the ʿidda from an irrevocable divorce (ṭalāq bāʾin). For the former the husband and the wife are both to stay in the marital home, and she is encouraged to dress nicely in the hope that he will revoke the divorce, make amends, and continue married life with her.

In the ʿidda of an irrevocable divorce, they are both to dwell in the marital home, but without any contact. If there is cause for concern then another lady may live in the house with her. However, if there is cause for concern it is better for him to leave the house, because Allah commanded the lady to remain at home – not him (Haskafi, al-Durr al-Mukhtar).

If the wife owns the marital home, he will have to leave at the end of the ʿidda.

And Allah knows best

[Shaykh] Abdul-Rahim Reasat

This answer was collected from Seekersguidance.org. It’s an online learning platform overseen by Sheikh Faraz Rabbani. All courses are free. They also have in-person classes in Canada.

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