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Fatawaa


Subject : What is the ruling of Sharia when husband kicks wife out of his house without a lawful excuse? Moreover, in such case, when she stays at her parents` for several months, is she allowed to claim maintenance through a Sharia court?

Fatwa Number : 1524

Classified : Support of dependents

Fatwa Type : Summarized Fatawaa


Question :

What is the ruling of Sharia when husband kicks wife out of his house without a lawful excuse? Moreover, in such case, when she stays at her parents` for several months, is she allowed to claim maintenance through a Sharia court?


The Answer :

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

It isn`t permissible to kick wife out of house save for a valid reason since Almighty Allah Says (What means): "O ye who believe! Ye are forbidden to inherit women against their will. Nor should ye treat them with harshness, that ye may Take away part of the dower ye have given them,-except where they have been guilty of open lewdness; on the contrary live with them on a footing of kindness and equity. If ye take a dislike to them it may be that ye dislike a thing, and God brings about through it a great deal of good." [An-Nisa`/19]. In addition, it is the duty of the husband to provide for his wife and children in kindness, and this includes food, garment and residence. Moreover, dialogue and supplication are the best means for solving marital problems; however, the wronged party may resort to court. And Allah The Almighty Knows Best.






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