I am married and have two sons from my wife. I traveled from my homeland to improve my situation, and my absence lasted approximately three years, knowing that I did not cut off
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The questioner : From Iraq, he says that he is married and has children from his wife. He says: I traveled from my homeland to improve my situation, and my absence lasted approximately three years, knowing that I did not cut off financial support and correspondence with my wife continuously. Your Eminence, does she have a right in the Shari'ah? And is there a sin on me for this?
The Shaykh : I say that the woman has a right over her husband that he should enjoy her and she should enjoy him according to what is customary. And if he is absent from her to seek a livelihood with her consent, and she is in a safe place where nothing is feared for her, then there is nothing wrong with it. Because the right is hers, so when she consents to waive it with complete safety and tranquility for her, there is no blame on his absence for a period of three years or less or more.
As for if she demands his presence, then this returns to the judges they have; they rule with what they see from the Shari'ah of Allah, Mighty and Majestic.
The Shaykh : I say that the woman has a right over her husband that he should enjoy her and she should enjoy him according to what is customary. And if he is absent from her to seek a livelihood with her consent, and she is in a safe place where nothing is feared for her, then there is nothing wrong with it. Because the right is hers, so when she consents to waive it with complete safety and tranquility for her, there is no blame on his absence for a period of three years or less or more.
As for if she demands his presence, then this returns to the judges they have; they rule with what they see from the Shari'ah of Allah, Mighty and Majestic.