A woman’s condition to remain in her hometown
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Fatwa number ( 14682 )
Q: I am a woman who married a man and bore him three daughters. Then their father passed away, and they have their paternal grandmother. After a period following my first husband’s death, another man proposed to me. Of course, he said that he would not take me away and would build me a house in the village where I live. However, the problem is that this was not stipulated in the marriage contract. The marriage took place, and I bore him three daughters as well. Then he began demanding that I go with him to his place of residence, knowing that he is married
to two women before me. If I go with him, I will be separated from my first daughters, as their relatives will take them, and if I refuse, he will take his daughters. Knowing that he has no need for me, as he has two wives besides me, my question is: If I ask for divorce, is there a sin on me for that? And if I do not go with him, do I have rights against him as mentioned before? And if I mention my daughters from the other man, their father is deceased, and I do not want to deprive them of me, just as they are deprived of their father. I ask Allah that I may find your esteemed answer soon in my hands. I ask for a response, and may you have abundant thanks.
A: If the matter is as you described, then you have the right to the condition you set with your husband regarding your remaining in your village, and you can prove this through the court. As for your rights and your maintenance, the Sharia court is the reference for them. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I am a woman who married a man and bore him three daughters. Then their father passed away, and they have their paternal grandmother. After a period following my first husband’s death, another man proposed to me. Of course, he said that he would not take me away and would build me a house in the village where I live. However, the problem is that this was not stipulated in the marriage contract. The marriage took place, and I bore him three daughters as well. Then he began demanding that I go with him to his place of residence, knowing that he is married
to two women before me. If I go with him, I will be separated from my first daughters, as their relatives will take them, and if I refuse, he will take his daughters. Knowing that he has no need for me, as he has two wives besides me, my question is: If I ask for divorce, is there a sin on me for that? And if I do not go with him, do I have rights against him as mentioned before? And if I mention my daughters from the other man, their father is deceased, and I do not want to deprive them of me, just as they are deprived of their father. I ask Allah that I may find your esteemed answer soon in my hands. I ask for a response, and may you have abundant thanks.
A: If the matter is as you described, then you have the right to the condition you set with your husband regarding your remaining in your village, and you can prove this through the court. As for your rights and your maintenance, the Sharia court is the reference for them. 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.