Wife leaving without husband's permission and maintenance of such a wife
Category:
Marriage & Divorce
According to Madhhab:
Hanafi
Reference:
1441-077
Question:
If
the wife leaves the matrimonial home to visit her parent in another country
without her husbands permission and without any definite plan to return, is the
husband liable to maintain her for indefinite period whilst she is living at
her parents home.
What are the husbands responsibilities towards her, we have no children?
Her reason given is my father is dying from cancer and she wants to be there as
she’s not lived with him all her life.
She has a mother, brother and two sisters back home who can look after the
father. Also financial stable to pay for a Carer.
Can she abandon her husband for indefinite period?
the wife leaves the matrimonial home to visit her parent in another country
without her husbands permission and without any definite plan to return, is the
husband liable to maintain her for indefinite period whilst she is living at
her parents home.
What are the husbands responsibilities towards her, we have no children?
Her reason given is my father is dying from cancer and she wants to be there as
she’s not lived with him all her life.
She has a mother, brother and two sisters back home who can look after the
father. Also financial stable to pay for a Carer.
Can she abandon her husband for indefinite period?
Answer:
1). Such a woman is referred to as a Naashiza (disobedient wife) and the husband is not responsible to maintain her during her absence.
وان نشزت )النشوز خروجها من بيته بغير اذنه بغير حق( فلا نفقة لها حتي تعود الي منزله )المختصر القدوري ص 647 )
2). Since she will be residing at her parent’s home abroad, you (the husband) will not be liable for any expenses until her return to her matrimonial home (due to her falling in the category of a disobedient wife.)
3). We understand her father’s situation and her heartfelt desire to be with him. However, she should have taken consent from the husband and then undertaken her journey with a Mahram to her destination. The husband should have also understood her circumstances and consented to her request if she did seek his consent at any stage, particularly due to her living abroad and away from her father for a lengthy duration.
Yes, there may be other family members to attend to the father’s needs and even pay for his requirements (if any) but every child desires to be with his/her parents particularly at the end of their life. With cancer, a person can leave the world at any stage hence the husband should understand the situation. However, it is incorrect for her to abandon him indefinitely, rather both parties were required to reach a reasonable agreement on the time issue and thereafter adhere to it.
We suggest that the husband instead of being hard and harsh on her and restricting her expenses etc. should request her to spend some time with her father and family (from this point onwards) and thereafter return home. Also, he should overlook her errors committed at this stage as it must have been an emotional and trying period for her.
AND ALLAH TA’ALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST
ANSWERED BY: Mufti Mohammed Desai
CHECKED AND APPROVED BY: Mufti Muhammed Saeed Motara Saheb D.B
Date: 06 Safar 1441
English Date: 05 October 2019