Ruling on a wife demanding separate housing from her in-laws' residence
Machine translationRead the Arabic original
Is it permissible for a wife to stipulate to her husband that she live alone, after she had been living with her mother and father?The Shaykh: Stipulate or request?The questioner: Request or stipulate.
The Shaykh: No, there is a difference between the two. To stipulate is at the time of the marriage contract.
The questioner: To request—may Allah reward you—and is he allowed to fulfill her request?
If the wife stipulated in the marriage contract that he not house her with his family, and he committed to the condition, he must fulfill it;By the saying of the Prophet (peace and blessings be upon him): (The most deserving of conditions to be fulfilled are those by which you make lawful the enjoyment of each other), and if she did not stipulate this, and the custom of people is to house her with his family, she has no right to demand otherwise, if this is the custom. However, if she is in a country where the custom is that the husband does not house the wife with his family, then the known custom is like a stipulation.For example: Among us now, the custom is that the husband houses his wife with his family; but there is a large segment of society where people know that when they marry, they will provide her with a separate residence, so this is like a stipulation.
We remain with the case where there is no stipulation and no custom, and he houses her with his family. She has the right to request separation if living with his family is not possible; because sometimes the in-laws treat the wife with severe ill-treatment, especially if they see that the husband loves her. You will find them treating her badly and making her dislike staying with them. So in this case, there is no doubt that the wife has the right to request separation.
The questioner: But dutifulness to the parents; because they are affected.
The Shaykh: Praise be to Allah,He says to his parents: Treat your wife well, and I will sit [with them]. And if you do not treat her well, will the poor woman remain in fire for her entire life?! Then if he goes out with her and is alone, he can be dutiful to his parents. He can visit them in the morning and evening, and when needed, stay with them for a day and a night, according to the circumstances.
The Shaykh: No, there is a difference between the two. To stipulate is at the time of the marriage contract.
The questioner: To request—may Allah reward you—and is he allowed to fulfill her request?
If the wife stipulated in the marriage contract that he not house her with his family, and he committed to the condition, he must fulfill it;By the saying of the Prophet (peace and blessings be upon him): (The most deserving of conditions to be fulfilled are those by which you make lawful the enjoyment of each other), and if she did not stipulate this, and the custom of people is to house her with his family, she has no right to demand otherwise, if this is the custom. However, if she is in a country where the custom is that the husband does not house the wife with his family, then the known custom is like a stipulation.For example: Among us now, the custom is that the husband houses his wife with his family; but there is a large segment of society where people know that when they marry, they will provide her with a separate residence, so this is like a stipulation.
We remain with the case where there is no stipulation and no custom, and he houses her with his family. She has the right to request separation if living with his family is not possible; because sometimes the in-laws treat the wife with severe ill-treatment, especially if they see that the husband loves her. You will find them treating her badly and making her dislike staying with them. So in this case, there is no doubt that the wife has the right to request separation.
The questioner: But dutifulness to the parents; because they are affected.
The Shaykh: Praise be to Allah,He says to his parents: Treat your wife well, and I will sit [with them]. And if you do not treat her well, will the poor woman remain in fire for her entire life?! Then if he goes out with her and is alone, he can be dutiful to his parents. He can visit them in the morning and evening, and when needed, stay with them for a day and a night, according to the circumstances.