Her Waiver of Her Rights to Remain in Her Husband's Protection
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Fatwa No. ( 20688 )
Q: A woman does not fulfill her husband's rights or his obligations, so the husband wanted to separate from her, but the wife preferred to stay with her husband and their two young children
on the condition that she waives all her rights, such as lodging and equal treatment, and anything else that belongs to the wife, and she will not demand anything from him, so they agreed to this? What is the validity of this agreement in light of the Book and the Sunnah, and does the husband commit a sin if he implements this agreement?
A: If the wife waives her marital rights in exchange for remaining in her husband's protection, and they agree to this, there is no harm in it; because Sawdah (may Allah be pleased with her) asked the Messenger (peace and blessings be upon him) to let her remain in his protection on the condition that she give her night to A'ishah (may Allah be pleased with her), and the Prophet (peace and blessings be upon him) agreed to that. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: A woman does not fulfill her husband's rights or his obligations, so the husband wanted to separate from her, but the wife preferred to stay with her husband and their two young children
on the condition that she waives all her rights, such as lodging and equal treatment, and anything else that belongs to the wife, and she will not demand anything from him, so they agreed to this? What is the validity of this agreement in light of the Book and the Sunnah, and does the husband commit a sin if he implements this agreement?
A: If the wife waives her marital rights in exchange for remaining in her husband's protection, and they agree to this, there is no harm in it; because Sawdah (may Allah be pleased with her) asked the Messenger (peace and blessings be upon him) to let her remain in his protection on the condition that she give her night to A'ishah (may Allah be pleased with her), and the Prophet (peace and blessings be upon him) agreed to that. 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.