Sunday, May 1, 2011

Husband Abandoned Wife

A Man Abandoned His Wife for Two Years

Question asked to Shaykh Saalih Al-Fawzaan (may Allaah preserve him);
Q. A man boycotted/abandoned his wife for the period of two years. He didn't divorce her, he didn't return her to be with her children and he didn't fulfill the obligation of spending upon her. She has no relatives or anyone to spend upon her. Her condition is very difficult. She is cut off from everyone except Allaah. What is the legislated ruling regarding the likes of this husband who has left his wife, the mother of his children, to be in this evil hurtful state?
A. "There is no doubt that there are rights of the wife over her husband which are obligatory for him to fulfill. Allaah has stated:
وَلَهُنَّ مِثۡلُ ٱلَّذِى عَلَيۡہِنَّ بِٱلۡمَعۡرُوفِ‌ۚ
"And they (women) have rights (over their husbands as regards to living expenses) similar (to those of their husbands) over them (as regards to obedience and respect) to what is reasonable."
(Soorah Al-Baqarah: 228)
The Prophet (sallallaahu alayhi wa sallam) stated:
"Indeed your women have a right over you"
(Sunan at-Tirmidhee and Ibn Maajah)
Allaah has stated:
وَعَاشِرُوهُنَّ بِٱلۡمَعۡرُوفِ‌ۚ
"And live with them honourably"
(Soorah An-Nisaa: 19)
Allaah has also stated:
فَإِمۡسَاكُۢ بِمَعۡرُوفٍ أَوۡ تَسۡرِيحُۢ بِإِحۡسَـٰنٍ۬‌ۗ
" Either you retain her on reasonable terms or release her with kindness."
(Soorah Al-Baqarah: 229)
...To other than that from the evidences which obligate the husband to fear Allaah regarding his wife and fulfill her rights, it is not permissible for him to take away anything from her rights except by way of a legislated justification, as in the case if she's disobedient (to her husband without right).
As for that which the questioner has mentioned of the abandonment of this husband of his wife for this long period of time and preventing her from her rights, this is oppression and not permissible for him to do so. If (what is being mentioned) is correct and that is taking place without a legislated justification, then indeed he is one who is oppressing her. As a result of that, it is upon him to repent to Allaah, fulfill her rights and seek her pardon for that which has preceded of his oppression to her.
Likewise, his children have rights over him. It is not permissible for him to leave his children to waste, be negligent regarding their upbringing, and establishing that which is beneficial for them. The responsibility of the children is a tremendous responsibility. This is the case even if there were misunderstandings between him and the children's mother, that doesn't remove their rights upon him.
In any event, the matter at hand is important. It is not for him to oppress her or oppress his children. Rather it is upon him to repent to Allaah and return back to that which is correct. If this doesn't take place, it is a must that the issue be taken to theWalee Al-Amr (The Muslim Ruler/Those in authority) in order for him to take him by the hand (and stop the oppression which is taken place), and Allaah knows best."
Source: Silsilah Fataawaa al-Mar-atil Muslimah Ahkaam Az-Zawaaj pgs. 113-114.