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Is the Husband still Responsible for Maintenance of the Wife when the Couple is Separated

Nasihah (Advice): The Best Woman

 

Sayyiduna Abu Hurayrah Radhiyallahu Anhu reports that Rasoolullah Sallallahu alayhi wa sallam was asked: “Which is the best woman?” He replied: “The one who pleases (her husband) when he looks at her, obeys him when he gives a command, and does not go against his wishes regarding her person or property by doing anything of which he disapproves.” (Nasaai)

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Question and Answer:

 

  1. If a wife is forced to leave her husband and go to her parent’s home due him abusing her rights, does the husband still have to maintain his wife during that time?

 

(Question published as received)

 

  1. A husband remains financially responsible for his wife throughout the period of their marriage, and should they separate, then the following rules apply:

 

  1. a) If the wife leaves the marital home with the permission or consent of the husband, the husband remains financially responsible for his wife.

 

  1. b) If the wife is forced to leave the marital home due to the husband neglecting or abusing her rights, the husband remains financially responsible for his wife.

 

  1. c) If the wife leaves the marital home without the permission or consent of the husband on her own accord and without a valid reason, the husband does not remain financially responsible for the wife until she returns to the marital home. (Shaami 3/576 – Fataawa Mahmoodiyyah 510/511)

 

And Allah Ta’ala Knows Best

 

(The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh unless otherwise stated.) 

Fatwa Department
Jamiatul Ulama (KZN) 

Council of Muslim Theologians
223 Alpine Road, Overport

Durban, South Africa
Tel : +27 (0) 31 2077099

Email: fatwa@jamiat.org.za
Fax : +27(0) 31 2074163
Website : www.jamiat.org.za

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