THE 24TH & 25TH MEETING OF THE PERLIS STATE FATWA COMMITTEE / 2016
20 - 21 DECEMBER 2016 / 20 - 21 RABIUL AWWAL 1438H
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RULING ON A WIFE LEAVING HER HUSBAND'S HOUSE DUE TO THREATS |
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In principle, a wife may not leave her husband's house (Bayt al-Zawjiyyah), namely the marital residence prepared by the husband, except with the husband's permission. This is because the husband is the protector, guide, and head of the family in which the wife is under his responsibility. |
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If the wife could be anywhere without the husband's permission, certainly household regulations would not exist and good interaction between husband and wife would not occur in its true sense. |
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Nevertheless, if the wife, based on strong conviction, feels that her religion, self, honour, family, or property is in a state of danger recognised by sharī'ah, has no way out, and is unable to endure if she continues to remain in the husband's house, then the wife is permitted to leave even without the husband's permission. This is after the wife truly finds that there is no solution except to leave the marital home. |
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Likewise, if the husband fails to fulfil his responsibility to provide safe and suitable accommodation or sufficient maintenance (nafaqah), then the wife may leave the house without obtaining the husband's permission and is not considered nushūz (disobedient) until the husband is able to fulfil his responsibility. |