Fatwa: # 15019
Category: Divorce (Talaaq)
Country: South Africa
Date: 23rd March 2007

Title

Do I have any responsibility towards the said wife and my children at this stage?

Question

 

1.My wife has left me to go and stay with her parents. She took the children with her. I cannot see or talk to my children as she will prevent it. The children are suffering but are afraid to say anything. The court has given me permission to see the children once a week but it is becoming difficult as she has previously invented many things on me for me to be in trouble.

I have finally decided to stop everything and leave it in the hands of Allah almighty.

Do I have any responsibility towards the said wife and my children at this stage?

2. I would like to have the contact details of Mufti Ismail Menk of Zimbabwe.

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

A wife is entitled to maintenance only if she is with the husband. If the wife left the husband without his permission, she is not entitled to maintenance for her from him.  

The father is responsible to maintain his minor children at all times, even though they are not by him.

You should seek the assistance of some influence person to resolve the issues between yourselves.

And Allah knows best

Mufti Ebrahim Desai 


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