Darul Iftaa Mahmudiyyah

I am the second wife ,my husband went away from me when I was pregnant with 2nd daughter 14yrs ago...

· 19 Shawwal 1428 AH1 min readFatwa 15790English

Question

I am the second wife ,my husband went away from me when I was pregnant with 2nd daughter 14yrs ago(1st daughter 16 yrs),now he is back , he wants to have a life with us,but his 1st wife (who can't have kids)does not want him to be part of my kids or my life.I want my kids to have a father.What are my right to this & is my nikh still valid?

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

If your husband did not divorce you, your marriage to him is still intact despite the separation. It is compulsory upon your husband to fulfill his rights as a father to his children. His first wife cannot stop him from that. He cannot fulfill his wish to stay away from his children and yourself. If your husband wants to return home and be part of the family, you should welcome him and advise him to fulfill his role as a Muslim husband and father.

And Allah knows best

Wassalam

Mufti Ebrahim Desai
Darul Iftaa

Answered by
Mufti Ebrahim Desai
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Source: Darul Iftaa Mahmudiyyah — https://askimam.org/public/question_detail/15790
Fatawa SA: https://fatawa.co.za/fatwa/askimam-15790

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