Is a wife who left her husband's home and was estranged from him for three months, without any contact or asking about her children, still under his marital authority, or is she considered divorced?
Due to spouses' lack of knowledge regarding each other's rights and duties, marital problems arise. The verse states that every right of one spouse is met by a duty of the other to fulfill it. Among these rights are:
1. Overlooking unintentional slips and mistakes. A man should not despise his wife if he sees something he dislikes in her, for if he dislikes one trait, he will be pleased with another. 2. Each advising their spouse to obey Allah Almighty. The Messenger of Allah, peace and blessings be upon him, said: "The best of it is a tongue that remembers [Allah], a grateful heart, and a believing wife who helps him with his faith." 3. Good character, overlooking, not scrutinizing every small or large matter, and refraining from scolding and abuse in everything except in matters concerning the rights of Allah Almighty.
A wife leaving the home without her husband's permission and her absence is considered nushuz (rebellion), which forfeits her right to maintenance, unless her departure was justified due to harm or injustice. Her continued absence from home is a mistake that her family should not assist her with.
The husband is advised to communicate with his wife, admonish her, and remind her of Allah Almighty and of the duty she owes to her husband and children. If this advice is not effective, he should seek the help of righteous and good people. The wife must fear Allah Almighty and beware of disobeying her husband, angering him, and prioritizing her family over the welfare of her home and children. Both spouses must realize that stubbornness and insistence on one's opinion do not solve problems but rather worsen them, and that the noble-minded person is one who strives for reconciliation.
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- Ftawy
- Original fatwa ID
- 9231
- Imported
- Translation status
- Source text, unreviewed
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