His wife left him and moved back to her parents’ house

22-12-2009 | IslamWeb

Question:

Dear Brother Assalam Wa Alaikum, I have ben married since 1&1/2 years and my wife is not much matured, educated or understanding. I tried to help herr out many time by explaining her everything regarding our future, my & her parents but unortunately she did not understood it and had many times insultedall of us. She went at her home twice and finally she went from road while i was bringing her from a hospital as she was pregnant (2months). Its almost 9 months she has gone and we have got a baby girl (since 40 days) but she has not spoken with me. Neither there are any symptoms of her apologising. I am very disturbed. Please sugest me whther after so many days is my marriage legitimate and stands or as per Islamic law it is ruined. What is a way out in Islam. My parents are also very much disturbed. want to dicuss this if i can speak on phone i will be grateul. Muhammad Kazim 09422277048
Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad sallallaahu `alayhi wa sallam ( may Allaah exalt his mention ) is His slave and Messenger.

Even if the separation between the spouses is for a long period of time, it does not affect the validity of marriage; we have clarified this in Fatwa 82732.

If your wife had left the home without your permission and she had no sound reason for doing so, then she is rebellious and disobedient and we have already issued Fatwa 85402 clarifying the steps of treating a disobedient wife. Your wife is also wrong by not informing you that she has given birth.

Therefore, we advise you to ask some rational people from your family and hers to try to convince her to return to marital life and to accept you as her protector and provider. If she is convinced, then all praise be to Allaah, otherwise it is more appropriate to divorce her as it is not good for you to keep a woman who does not consider her husband as her protector and provider as a wife.

The following three matters should be noted:

  1. A disobedient wife is not entitled that her husband spends on her unless she is pregnant. If she is pregnant, then she deserves her husband to spend on her because of the foetus that is in her womb.
  2. Both spouses should be keen to maintain the stability of marital life by both of them fulfilling each others rights; for more benefit in this regard, please refer to Fataawa 85167 and 85308. Both spouses should be wise in solving the problems that might occur between them.
  3. The wife is not obliged to dwell with the parents of the husband; rather, she has the right for a separate accommodation. For more benefit, please refer to Fatwa 84608. Nevertheless, she should respect her in-laws especially the parents of her husband as this increases love and affection between her and her husband and leads to better marital relationship.

Allaah Knows best.

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