Mufti Online — Madrasah Ta'leemuddeen

Can I leave my husband's home under which Sharia law?

Published as Asking husband for a separation

· 11 Muharram 1441 AH1 min readEnglish

Question

We, a childless couple have been married for 18 years and got several times abortions during the first trimester. Following all possible modern treatment, due to this bad obstetric history and unknown cause medically in either spouse, doctors advised for adoption. But my husband repeatedly used to tell me for a couple of years: I wish you to live an independent life, go to another city and search for a new job.

In this tough circumstance, how should I manage? Can I leave my husband's home under which Sharia law? Can I take a decision to separate from him, if yes, tell me the procedure because he is much reluctant from my side and wants second marriage.

Answer

When he does not have the proper Islamic understanding and you fear that the little Islam that you have will also be affected then you rather ask him for a separation and move on.

And Allah Ta'ala (الله تعالى) knows best.

Answered by
Mufti Ebrahim Salejee (Isipingo Beach)
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/30341
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-30341

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