Marital Disputes
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Fatwa No. ( 8736 )
Q: I married my daughter to a relative of mine, and he lived with her for about four months. After that, she came to my house and stayed there for about eight months, and he did not visit her. One night, her husband came while I was away from the house, and they had a discussion, after which he attacked her with beating and strangling. The family members who were with her in the house saved her.
-my wife and my children- and he left that night. The next day, I came and they told me what had happened. I ignored the matter, but he did not visit her for three years. On 10/3/1405 AH, the aforementioned husband came and asked me to return her to him. I did not object to that; I told him to agree with your wife, and I have no objection. His wife asked him to buy her some gold jewelry and a sum of money, and to provide her with a legal house. He agreed to that. On 27/3/1405 AH, he came and brought what his wife had asked for, except for the legal house. He handed her the gold and ten thousand riyals by hand. The next day, he returned to the house in my absence and took back the money and gold he had given his wife the previous day. I do not seek separation between them. I have previously attempted to reconcile them, and I will continue to do so in the future. My question now is: Is she lawful for him as his wife after he assaulted her with beating and strangling, and after he neglected her for three consecutive years? She bore him a daughter, and he provided no clothing, no expenses, and no other needs. Is what he gave her yesterday and took back today from his lawful wealth? Is it considered his lawful wealth or not? Knowing that the aforementioned man has no mahr (bridal gift), and his wife shared in furnishing his household affairs, and I did not ask him for a single riyal. I ask you, may Allah reward you, to respond to what I have mentioned.
A: If the situation is as you described, then a group from his family and a group from her family should reconcile the two spouses. If Allah brings them together and they make peace and are satisfied with each other, praise be to Allah. Otherwise, their case should be referred to the court, for it is the court that decides between them and gives each person who has a right their due. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I married my daughter to a relative of mine, and he lived with her for about four months. After that, she came to my house and stayed there for about eight months, and he did not visit her. One night, her husband came while I was away from the house, and they had a discussion, after which he attacked her with beating and strangling. The family members who were with her in the house saved her.
-my wife and my children- and he left that night. The next day, I came and they told me what had happened. I ignored the matter, but he did not visit her for three years. On 10/3/1405 AH, the aforementioned husband came and asked me to return her to him. I did not object to that; I told him to agree with your wife, and I have no objection. His wife asked him to buy her some gold jewelry and a sum of money, and to provide her with a legal house. He agreed to that. On 27/3/1405 AH, he came and brought what his wife had asked for, except for the legal house. He handed her the gold and ten thousand riyals by hand. The next day, he returned to the house in my absence and took back the money and gold he had given his wife the previous day. I do not seek separation between them. I have previously attempted to reconcile them, and I will continue to do so in the future. My question now is: Is she lawful for him as his wife after he assaulted her with beating and strangling, and after he neglected her for three consecutive years? She bore him a daughter, and he provided no clothing, no expenses, and no other needs. Is what he gave her yesterday and took back today from his lawful wealth? Is it considered his lawful wealth or not? Knowing that the aforementioned man has no mahr (bridal gift), and his wife shared in furnishing his household affairs, and I did not ask him for a single riyal. I ask you, may Allah reward you, to respond to what I have mentioned.
A: If the situation is as you described, then a group from his family and a group from her family should reconcile the two spouses. If Allah brings them together and they make peace and are satisfied with each other, praise be to Allah. Otherwise, their case should be referred to the court, for it is the court that decides between them and gives each person who has a right their due. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.