Boycoting the Wife
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Question: A man boycotted his wife for a period of two years. He did not divorce her, nor did he return her to her children, nor did he fulfill his obligation to provide for her. She has no relative or anyone else to provide for her, so her situation is difficult and severe. She is cut off from everyone except Allah. What is the legal ruling regarding such a husband, who left his wife and the mother of his children to reach this painful and distressing state?
Answer: There is no doubt that the wife has rights over her husband, which he must fulfill.Allah the Exalted said: [al-Baqarah: 228],And the Prophet (peace and blessings be upon him) says: ،And Allah the Exalted says: [al-Nisa: 19],And He, the Exalted, says: [al-Baqarah: 229], and other evidence that obligates the husband to fear Allah the Exalted in his treatment of his wife, to fulfill her rights, and that it is not permissible for him to deprive her of any of her rights except for a legitimate legal reason. However, if she is defiant, and what you mentioned
regarding this husband’s boycott of his wife for this long period, and his deprivation of her rights, is injustice. It is not permissible for him, if what you mentioned is true and there is no legitimate legal reason. It is not permissible for him, and he is unjust toward her. He must repent to Allah, the Exalted and Exalted, fulfill her rights, and seek her forgiveness for the injustice he previously committed toward her. Likewise, his children have rights over him, so it is not permissible for him to neglect them or be lax in their upbringing and attending to their affairs.
The responsibility for the children is a great responsibility. Even if there is a misunderstanding between him and their mother, that does not nullify their rights over him.
In any case, this is a serious matter. It is not permissible for him to be unjust to her or to his children. Rather, he must repent to Allah and return to the right path. If that does not happen, it is necessary to bring his case before the authority to take action against him. And Allah the Exalted knows best.
Question: Does this wife have the right to demand maintenance for the past two years if he did not provide it?
Answer: Yes, she has the right to demand it, unless she was the cause of the maintenance being cut off, such as if she was defiant toward him or disobeyed him in something that is obligatory for her. This requires examination and study of the case from both sides.
Answer: There is no doubt that the wife has rights over her husband, which he must fulfill.Allah the Exalted said:
And due to the wives is similar to what is expected of them, according to what is reasonable
وَلَهُنَّ مِثْلُ الَّذِي عَلَيْهِنَّ بِالْمَعْرُوفِAnd your wives have rights over you.
ولنسائكم عليكم حقًّاAnd live with them in a manner that is good.
وَعَاشِرُوهُنَّ بِالْمَعْرُوفِeither keep [her] in an acceptable manner or release [her] with good treatment
فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍregarding this husband’s boycott of his wife for this long period, and his deprivation of her rights, is injustice. It is not permissible for him, if what you mentioned is true and there is no legitimate legal reason. It is not permissible for him, and he is unjust toward her. He must repent to Allah, the Exalted and Exalted, fulfill her rights, and seek her forgiveness for the injustice he previously committed toward her. Likewise, his children have rights over him, so it is not permissible for him to neglect them or be lax in their upbringing and attending to their affairs.
The responsibility for the children is a great responsibility. Even if there is a misunderstanding between him and their mother, that does not nullify their rights over him.
In any case, this is a serious matter. It is not permissible for him to be unjust to her or to his children. Rather, he must repent to Allah and return to the right path. If that does not happen, it is necessary to bring his case before the authority to take action against him. And Allah the Exalted knows best.
Question: Does this wife have the right to demand maintenance for the past two years if he did not provide it?
Answer: Yes, she has the right to demand it, unless she was the cause of the maintenance being cut off, such as if she was defiant toward him or disobeyed him in something that is obligatory for her. This requires examination and study of the case from both sides.