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Wednesday, October 30, 2013

Fathwa, - Her husband forces her to live in the same house with his brother

Question
My question is my husband is forcing me to stay with his married
brother ,I had told him about the hadiths mentioning that "brother in
law is death" living together may cause many problems,but he doesnt
seems to listen,he says that I just have to maintain my Hijab thats
all.Wht can I do?since his wife is also a nonmehram to him that will
be a probs.As a muslim women I dont get my rights from my husband ,he
doesnt agrees to the rights of women in Islam.Please advise.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify
that there is none worthy of worship except Allaah, and that Muhammad,
is His slave and Messenger.
It is your right as a wife to get a separate accommodation where you
would be safe from any harm and where you would not be embarrassed.
Besides, it is not permissible for you to obey your husband in
dwelling with your brother-in-law in the same house whose amenities
are not separate, where his brother could see you )without Hijaab( or
be in seclusion with you, or where there is any other matter that
might lead to temptation.
Even if we presume that you can take the necessary measures to avoid
these prohibitions and always wear Hijaab, then this may cause much
hardship to you. So, your husband has no right to oblige you to live
in such a situation. For more benefit, please refer to Fatwa 84608.
Based on this, it is permissible for the wife to ask for divorce as a
way of repelling harm off herself if her husband does not provide her
with an accommodation that is Islamically acceptable.
There is no doubt that your husband is also obliged to abide by the
Islamic conditions in dealing with the wife of his brother as she is a
non-Mahram to him. Therefore, we warn against being lenient in such
kind of dealings within one family as this is one of the major reasons
of corruption. The Hadeeth that is mentioned in the question which
reads'the male in-law is death itself'is the best evidence in this
regard. The text of the Hadeeth is as follows:Uqbah Ibn 'Aamernarrated
that the Prophetsaid: "Beware of entering upon women"; a man from the
Ansaar asked: 'O Messenger of Allaah, what do you say about the male
in-law )the woman's husband's male relative like his brother, uncle,
cousin, etc.(?' He replied: "He is death itself )i.e. his seclusion
with her is as serious and dangerous as death(." ]Bukhaari and Muslim[
For more benefit, please refer to Fatwa 154373.
As regards what you mentioned about your husband that he does not
agree with the women's rights in Islam, then this needs more
clarification ]as we do not know exactly what you mean[

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