Category: Divorce (Talaaq)
Fatwa#: 39106
Asked Country: United States

Answered Date: Feb 25,2018

Title: Husband abandoning wife and child

Question

Assallamo Alaikum
My husband came to USA on August 15, 2016 on greencard sponsored by me. He moved out to live in a separate apartment in December of 2016. For the last nine months he does not talk to me and does not pick up my call. I went to his apartment with my 6 year old daughter but he did not open the door. I have complained to my father and mother in law and they do not listen, they take his side and tell me that all your problems are because you do not respect him. The only message they send me is to do (Sabar). What does Shariah say about this situation? I do not have a job and with 6 year old daughter I am staying with my parents. I am depressed and sometime go through psychological problems. I can complain to USA immigration but I do not do that in hope that everythinh will be OK on eday inn future. Please advise me what to do? Last time I spoke with him and he told me that I will not divorce you and also will not accept you. We will raise our daughter living separately. I want to seek Shariah advise as my parents are asking me to seek legal advise from Attorney about my rights and his religious responsibility. He has put my phone on (Block) and threatened me that he will call police if I try to talk to him. I am very desperate and lonely!
Wassallamo Alaikum.

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

Respected Sister in Islam,

We take note of the contents of your email and sympathize with your situation. May Allah Ta’ala relieve you of all your difficulties. Ameen.

If the reality of the situation conforms to your explanation, the actions of your husband is incorrect according to Shariah.

It is the responsibility of a husband that he maintains and provides for his wife and young children.[1]

We advise you to contact your local Ulama who will assist in improving the situation or annulling your marriage. You can consider legal action thereafter.

If you are unaware of the scholars in your area, you may inform us where in the USA you reside and we can direct you to competent and reliable scholars.

And Allah Ta’āla Knows Best

Saad Haque

Student Darul Iftaa
New Jersey, USA 

Checked and Approved by,
Mufti Ebrahim Desai.

 



[1] اللباب في شرح الكتاب (3/ 92)

(فعليه نفقتها) أي العرفية، وهي: المأكول، والمشروب (وكسوتها وسكناها) وإنما فسرنا النفقة بالعرفية لأن النفقة الشرعية تشمل الكل

(3/ 101)

(ونفقة الصغير واجبة على أبيه وإن خالفه في دينه) ؛ لإطلاق قوله تعالى: {وعلى المولود له رزقهن} ولأنه جزؤه، فيكون في معنى نفسه. هداية

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