Fathwa, - Deserted her husband

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Question
My problem is I couldn't get along with husband, so I left him and went to another country. Now he is refusing to divorce me and he is saying that I am the one who left so I should return every thing he did for me in the three years. We have a baby boy together but now I couldn't endure the life with him. What I can do?
Answer
Praise be to Allah, the Lord of the Worlds; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.
Know that the husband and the wife should do their best to solve their problems and each one should fulfill the other’s rights. They should discuss their problems openly to remove any misunderstanding or conflict. The husband should make sure that his relation with his wife remains kind and serene. Allaah Says)interpretation of meaning(:And live with them honourably]4:19[.Allaah also Says )interpretation of meaning(:either take them back on reasonable basis or set them free on reasonable basis]2:231[.
The Prophetsaid:"Accept my advice: be kind with women"]Muslim[. The wife should also keep obeying her husband. It is forbidden upon her to spend a night in the home deserting him let alone traveling to a foreign country without his permission.
The Prophetsaid:If the woman prays her obligatory prayers, fasts her month )Ramadhaan(, protects herself from Zina and obeys her husband, she entersParadisefrom any of its doors she wishes.]AhmadandIbn Hibban[. The Prophetalso said:If the woman spends the night deserting her husband’s bedroom, the Angels keep on cursing her until she returns.]Muslim[.
Having established the above, you can solve the problems with your husband by returning to wedlock life, obeying him, then asking him for Kh’ulu’.
Ibn KatheerandIbn Qudaamahsaid:The woman who hates her husband and cannot stand staying with him, is allowed to redeem herself from him and he is allowed to accept that.
Al Buhootyin ‘Kashaf Al Qina’e’mentioned that it is Sunnah for the husband to accept his wife’s demand for K’hulu’.
The evidence for this is the Hadith reported byAl-Bukhaari. NarratedIbn Abbaasthat ‘the woman ofThaabit Ibn Qayscame to the Prophetand said:‘O Prophet of Allaah! I do not reproach any bad character to Thaabit Ibn Qays as far as his behaviour or his religion. But I hate disbelief after having embraced Islam.’The Prophetsaid:"Can you give him back his garden?"She said:‘Yes’. Thereupon the Prophetsaid:"Accept the garden and divorce her one divorce".
Allaah knows best.







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Fathwa, - Wife left for a long time seeks divorce

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Question
What is the punishment of a man who leaves his wife for a very long time and doesn't divorce her and she wants a divorce?
Thank you.
Answer
Praise be to Allah, the Lord of the Worlds; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.
One of the most important aims of Shariah in legislating marriage is to make affection, love and friendship prevail between husband and wife.
Allah ordered them to keep good relations and to be kind to each other. Allah says: "And live with them honorably. )An-Nisa 4:19(
There is no doubt that a husband leaving his wife without a reasonable excuse in Shariah is contradictory to this aim. This is an injustice that Allah forbade, and the Prophet )Sallallahu Alaihi wa Sallam( said that such injustice will be a darkness on The Day of Judgment.
Despite all this, we advise the wife to convince her husband with good manners and soft words, choosing the best time to do so, i.e. when the husband can concentrate and is very relaxed. She has to beautify herself and seek courtship in order to attract him. If she is unsuccessful despite all attempts, she can seek the help of wise and righteous people, and those who can influence him, and ultimately bring him to normal by settling their differences.
However, if all the above is with no avail, and she finds herself in hardship, and fears harm, then she can take the matter to the Islamic court, if available; otherwise she can consult Islamic Centers or organizations to lift the harm from her by admonishing and warning him or grant a divorce from him.
Allah knows best.









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Dought & clear, - She committed zina and wantsto abort the foetus

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M NajimudeeN Bsc-INDIA

There is a woman who was married and she had three children. Her husband died three years ago and she got to know a young man and had a haraam relationship with him, which resulted in a foetus who is about one and a half months old. After we found out about that we did an ‘urfi marriage for her, to reduce her accountability before Allaah and before her children.
Because the foetus was conceived outside of marriage, is this zina or is she married?
Is aborting the foetus in this case haraam or halaal? The one who will go with her for the abortion is her sister who is confused – if she goes with her for the abortion will she be concealing her or will she be a partner in committing a crime, which is the crime of zina and abortion?.
Praise be to Allaah.
What this woman has done is zina which Allaah has forbidden to us, as He says (interpretation of the meaning):
“And come not near to unlawful sex. Verily, it is a Faahishah (i.e. anything that transgresses its limits: a great sin, and an evil way that leads one to hell unless Allaah Forgives him)”
[al-Isra’ 17:32]
What you have done by arranging an ‘urfi marriage does not change things in the slightest, because zina and the conception of the foetus took place before that.
Moreover the ‘urfi marriage that this woman has done means that she has given herself in marriage without the knowledge or presence of her wali (guardian), so it is not valid, because the Prophet (peace and blessings of Allaah be upon him) said: “There is no marriage except with a wali.” Narrated by Abu Dawood (2085), al-Tirmidhi (1101) and Ibn Maajah (1881) from Abu Moosa al-Ash’ari; classed as saheeh by al-Albaani inSaheeh al-Tirmidhi.
And the Prophet (peace and blessings of Allaah be upon him) said: “Any woman who gets married without the permission of her wali, her marriage is invalid, her marriage is invalid, her marriage is invalid.” Narrated by Ahmad (24417), Abu Dawood (2083), al-Tirmidhi (1102); classed as saheeh by al-Albaani inSaheeh al-Jaami’(2709).
Based on this, this marriage contract that was done does not count and she has not become a wife to this zaani by means of this contract, so it cannot be a means of reducing her accountability before Allaah, rather it is another sin to be added to the first sin.
As for abortion, it is a third crime. Even though some fuqaha’ allowed abortion in the early stages, that should not apply to the zaaniyah, because that would encourage immorality and spread evil. One of the basic principles of Islam is that it forbids immorality and all the ways that lead to it. See question no. 13331.
This woman has to repent to Allaah sincerely, regret what she has done and make her deeds righteous. If she is sincere in her repentance, Allaah will grant her a way out. Allaah says (interpretation of the meaning):
“And whosoever fears Allaah and keeps his duty to Him, He will make a way for him to get out (from every difficulty)”
[al-Talaaq 65:2]
And Allaah knows best.







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