Social Matters >> Talaq (Divorce)

Question # : 3074

Pakistan

Wife leaves her husband a number of times,sometime without asking,has even went on Hajj with her brother she simply informed her husband and did not ask for any permission husband did not objected or rather remained silent for it was a matter of Hajj ,then there is the issue of three daughters involved. so its prudent not to separate , beside there are no other issues . Husband and wife and have now chosen not to interfere in each others work , both now earn separately and do not share with each other , is the husband still obliged for the upkeep [ nan-nafqa ] of her wife.? Q2- Is it true Imam Ghazali has said, in a similar situation [ wife leaving husband without asking permission ] husband is released from the burden of nan-nafqa?

Answer : 3074

Published on: Mar 13, 2008

بسم الله الرحمن الرحيم


(Fatwa: 184/171=B)


 


Yes, in the abovementioned case you are not liable for giving nafqa (maintenance) to your wife (who, as per your question left home without your permission, and she does not do any work and earns herself): لا نفقۃ لخارجۃ من بیتھا بغیر حق و ھی ناشزۃ (در مختار) Basically, the maintenance from a husband is a compensation as wife stays at his home, now when the wife is away from husband on her own will then there is no maintenance on the husband.



Allah knows Best!


Darul Ifta,
Darul Uloom Deoband

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