Sharaii hukm about dispute in marriage › Category: Questions › Sharaii hukm about dispute in marriage
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Muhammad Raza asked 2 years ago

Assalam Aleykum My question is My nikahh was in Mar 2021 and wedding in nov 2021 Since wedding its been only a little time 7 months in which wife was living with me for 03 months only in which we had developed physical relations and efforts from husband’s side to keep the relationship strong. 1) My wife had left home in her anger and short temper and i had not asked her to leave. She left home without my consent and permission. Her sister and brother in law (sister’s husband) who is not mehram for my wife. She left with them and went to her parents home for the 2nd time. First time for 25 days (without husband’s consent and permission) then again which is 2nd time for 2 months+ now. Is it allowed for wife to leave husband’s home without husband’s consent and permission ? 2) My wife left and its been 2 months+ now i came to know that my wife along with her mother is traveling out of country and going to ziarat for iraq/iran which is also without consent and permission of the husband ? And i came to know about this from outsiders as she is still in my nikah and im mehram but she didn’t informed me. Is wife allowed to go outside country for ziarat iran/iraq without consent and permission of her husband ? And her mehram is also not accompanied with her (husband or father)

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mehdi answered 2 years ago

أعوذ بالله من الشيطان الرجيم

بِسْمِ ٱللَّٰهِ ٱلرَّحْمَٰنِ ٱلرَّحِيمِ

As Salaamu Alaikum Wa Rahmatullahi Wa Barakatuh,

We hope this answer reaches you in good health and Islamic spirit.

Based on your specific question and information provided.

We need to hear from both of you. Kindly, contact us in person if you are in our area or a Qualified Islamic Jurist who has  the authority and experience in handling these sensitive cases.

The General Islamic Jurisprudence ruling:  It is unlawful for a woman in a permanent marriage to leave the house without the permission of her husband even if this does not infringe on his rights. ( unless you fear Harm)

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The Quranic guidance regarding Marriage and Disputes.

وَمِنْ آيَاتِهِ أَنْ خَلَقَ لَكُمْ مِنْ أَنْفُسِكُمْ أَزْوَاجًا لِتَسْكُنُوا إِلَيْهَا وَجَعَلَ بَيْنَكُمْ مَوَدَّةً وَرَحْمَةً ۚ إِنَّ فِي ذَٰلِكَ لَآيَاتٍ لِقَوْمٍ يَتَفَكَّرُونَ {21}

Surah 30:21: And one of His signs is that He created mates for you from yourselves that you may find rest in them, and He put between you Mutual love and compassion / Mercy; most surely there are signs in this for a people who reflect.

وَإِنْ خِفْتُمْ شِقَاقَ بَيْنِهِمَا فَابْعَثُوا حَكَمًا مِنْ أَهْلِهِ وَحَكَمًا مِنْ أَهْلِهَا إِنْ يُرِيدَا إِصْلَاحًا يُوَفِّقِ اللَّهُ بَيْنَهُمَا ۗ إِنَّ اللَّهَ كَانَ عَلِيمًا خَبِيرًا {35}

Surah 4: 35: And if ye fear a breach between them twain (the man and wife), appoint an arbiter from his folk and an arbiter from her folk. If they desire amendment Allah will make them of one mind. Lo! Allah is ever Knower, Aware.

 

والله العالم‎

(and Allah(awj) Knows best)

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