What is the ruling regarding a husband who has two wives, one residing with him and the other working abroad and visiting once a year, where he abandons the first wife and does not spend the night with her throughout the second wife's stay, relying on a fatwa that permits this?
Scholars have agreed on the obligation of justice between wives regarding nocturnal lodging, but they have differed on whether the husband must compensate for missed days if he was unfair and unjust. The Maliki and Hanafi schools are of the view that there is no compensation, while the Shafi'i and Hanbali schools hold that compensating for missed days is obligatory.
This difference in opinion leads to their differing views on compensation if the division of lodging was missed due to the wife's travel. The Shafi'i and Hanbali schools distinguish between travel with the husband's permission (where compensation is obligatory) and travel without his permission (where compensation is not obligatory).
The view of the Shafi'i and Hanbali schools, in the case of the wife traveling with the husband's permission, is closer to justice.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 60790
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy