Fatwa: # 18713
Category: Misc. Fiqh
Country: South Africa
Date: 2nd June 2010

Title

I am a south african muslim convert lady, married to a muslim pakistan man. since we got married we have been living apart because of his job. He works not far from my

Question

I am a south african muslim convert lady, married to a muslim pakistan man. since we got married we have been living apart because of his job. He works not far from my province but yet  everytime I ask him to get a place of his own so we can live together, he tells me about his problems. Today he will tell me about how much he owes his employer when you think things are getting better he comes up with another story. I am frustratedand confussed and yet the distance between us is killing me slowly into depression. What does islam say about this?

Answer

 

In the name of Allāh, Most Gracious, Most Merciful


Assalāmu ῾alaykum wa Rahmatullāhi Wabarakātuh

 

As a married woman, you are entitled to Nafaqa (maintenance) and Sukna (Shelter) from your husband. Your husband must fulfil your faily basic needs. He must provide you with sufficient food and adequate Shelter. Marriage is most central to a persons life. His excuses for not being able to stay together cannot be facilitated. Every other problem is secondary. He must live with you immediately and fulfil his duties to you. He cannot simply regard you as a wife but does not fulfil his Shari duties.

 

If your husband does not cooperate with you then you may refer your issue to the Judicial Committee of Jamiatul Ulama in Natal or Gautend and request them to assist you.

 

Either get you hustand to suppoet you as a wife or annul the marriage.

And Allāh Ta῾āla knows best

Wassalāmu ῾alaykum

Mufti Ebrahim Desai
Dārul Iftā

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