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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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His second question concerns the social situation when a person marries and then fulfills the conditions required of him, and he wants to take his wife, but her guardian prevents it.

Machine translationRead the Arabic original
The questioner : His second question concerns the social situation when a person marries and then fulfills the conditions required of him, and he wants to take his wife, but her guardian prevents her from leaving to serve him and not going out of his house, so the husband continues to come and go to his wife at the house of her uncle, the father of the girl. If the man leaves his wife for a long time for these reasons, based on the husband's request to his wife, perhaps things will end. Does he incur sin? Or if the divorce happens in this way because of her guardian, does the husband incur sin? Guide us, may Allah preserve you?

The Shaykh : We say that if the husband was conditioned at the time of the contract, or it was agreed with him before the contract, to keep the wife in her father's house, then it is obligatory for him to fulfill this condition, and it is not permissible for him to demand that she be taken out of her father's house, because the Prophet (peace and blessings be upon him) said:
The condition worthier to be fulfilled by you is the one by which you made the private parts (of your wife) lawful (for you). إن أحق الشروط أن توفوا به ما استحللتم به الفروج
Sunan Abi Dawud 2139Sahih (Al-Albani)
And if it was not conditioned upon him at the time of the contract, nor agreed with him before it, that she remain in her father's house, then the wife follows her husband, so he has the right to take her to his house.

The questioner : Yes.

The Shaykh : And he compels her to do so.

The questioner : Yes.

The Shaykh : And he resides with her, yes.

The questioner : May Allah reward you.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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