The Custom of the Wife Remaining in Her Family Home
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Fatwa No. ( 295 )
Praise be to Allah, and peace and blessings be upon His Messenger and his family. After that: The Permanent Committee for Scholarly Research and Ifta has reviewed the question submitted by the honorable judge of Fara'san, to the honorable head of the departments of scientific research and ifta, da'wah, and guidance, and referred to it by the General Secretariat of the Council of Senior Scholars, with number (1725) and date
13 \ 10 \ 1392 AH, the content of which is: that the people of Fara'san have become accustomed to stipulating to the suitor at the time of marriage that the woman not leave her father's or her guardian's house, and the wife may have a desire to live with her husband wherever he is, but modesty, the entrenchment of the custom, and the dominance of the fathers prevent her from stating this, so the wife remains a captive with her guardian, suffering from being separated from her husband, and the distance between her father's place and her husband's may be far, increasing the harm to them and their children, especially if the husband is weak or poor, and the wife's guardian may agree or submit if tasked with not stipulating this condition or not acting on it if he stipulated it, delivering his ward to her husband and not preventing her from going to his place, so if the honorable committee and the eminent scholars would look into this to find a solution to this problem, it would be better, and I am awaiting the response, and success is from Allah
A: Solving what the honorable judge called a problem is by two ways: The first: that he and those with him who are educated engage in preaching and guidance regarding social conditions and moral aspects in general, and explaining marital rights and the necessity of cooperation between the spouses on the affairs of life, and raising the children in particular, and in addition to that, he connects with the notables of the region, and those whose word is heeded among its inhabitants, and cooperates with them to eliminate what
he considers detestable of customs and others, so when the inhabitants of the region know that and their hearts are reassured by it, their eagerness to stipulate this condition weakens, and there is great hope that they will not apply it, so hardly will any of the woman's guardians stipulate it except for an apparent benefit that returns to her, or a pressing necessity that returns to the parents, for example, with her consent and from a willing heart, so when the need disappears and the necessity is removed, they respond to delivering the wife to her husband, except if the two spouses agree on the wife remaining with her guardians. The second: If the condition occurs despite the aforementioned guidance, preaching, and encouragement, and the guardians refuse except to execute the condition and act according to its implications, whether the wife is pleased or angry, then the resolution of that is within the jurisdiction of the judiciary, so if something is difficult for the judge in what is within his jurisdiction, let him ask his reference. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and companions.
Praise be to Allah, and peace and blessings be upon His Messenger and his family. After that: The Permanent Committee for Scholarly Research and Ifta has reviewed the question submitted by the honorable judge of Fara'san, to the honorable head of the departments of scientific research and ifta, da'wah, and guidance, and referred to it by the General Secretariat of the Council of Senior Scholars, with number (1725) and date
13 \ 10 \ 1392 AH, the content of which is: that the people of Fara'san have become accustomed to stipulating to the suitor at the time of marriage that the woman not leave her father's or her guardian's house, and the wife may have a desire to live with her husband wherever he is, but modesty, the entrenchment of the custom, and the dominance of the fathers prevent her from stating this, so the wife remains a captive with her guardian, suffering from being separated from her husband, and the distance between her father's place and her husband's may be far, increasing the harm to them and their children, especially if the husband is weak or poor, and the wife's guardian may agree or submit if tasked with not stipulating this condition or not acting on it if he stipulated it, delivering his ward to her husband and not preventing her from going to his place, so if the honorable committee and the eminent scholars would look into this to find a solution to this problem, it would be better, and I am awaiting the response, and success is from Allah
A: Solving what the honorable judge called a problem is by two ways: The first: that he and those with him who are educated engage in preaching and guidance regarding social conditions and moral aspects in general, and explaining marital rights and the necessity of cooperation between the spouses on the affairs of life, and raising the children in particular, and in addition to that, he connects with the notables of the region, and those whose word is heeded among its inhabitants, and cooperates with them to eliminate what
he considers detestable of customs and others, so when the inhabitants of the region know that and their hearts are reassured by it, their eagerness to stipulate this condition weakens, and there is great hope that they will not apply it, so hardly will any of the woman's guardians stipulate it except for an apparent benefit that returns to her, or a pressing necessity that returns to the parents, for example, with her consent and from a willing heart, so when the need disappears and the necessity is removed, they respond to delivering the wife to her husband, except if the two spouses agree on the wife remaining with her guardians. The second: If the condition occurs despite the aforementioned guidance, preaching, and encouragement, and the guardians refuse except to execute the condition and act according to its implications, whether the wife is pleased or angry, then the resolution of that is within the jurisdiction of the judiciary, so if something is difficult for the judge in what is within his jurisdiction, let him ask his reference. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.