Is the Husband still Responsible for Maintenance of the Wife when the Couple is Separated
Question
If a wife is forced to leave her husband and go to her parent’s home due him abusing her rights, does the husband still have to maintain his wife during that time?
Answer
A husband remains financially responsible for his wife throughout the period of their marriage, and should they separate, then the following rules apply:
a) If the wife leaves the marital home with the permission or consent of the husband, the husband remains financially responsible for his wife.
b) If the wife is forced to leave the marital home due to the husband neglecting or abusing her rights, the husband remains financially responsible for his wife.
c) If the wife leaves the marital home without the permission or consent of the husband on her own accord and without a valid reason, the husband does not remain financially responsible for the wife until she returns to the marital home. (Shaami 3/576 – Fataawa Mahmoodiyyah 510/511)
And Allah Ta’ala Knows Best
Where scholars differ, it’s safer to take the more cautious view.
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Source: Jamiatul Ulama KZN — https://jamiat.org.za/is-the-husband-still-responsible-for-maintenance-of-the-wife-when-the-couple-is-separated/
Fatawa SA: https://fatawa.co.za/fatwa/jamiat-32936
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