Is it permissible for a wife to request a separate residence from her husband after she had been living with his family?
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The questioner : May Allah reward you for your good deed. Is it permissible for a wife to stipulate in the marriage contract that she will live separately from her husband after she had been living with his mother and father?
The Shaykh : To stipulate, or to request?
The questioner : To request, and...
The Shaykh : There is a difference between the two. To stipulate, this is at the time of the contract.
The questioner : To request. May Allah reward you.
The Shaykh : That is, to request.
The questioner : And is it permissible for him to fulfill her request?
The Shaykh : If the wife stipulated in the marriage contract that he should not make her live with his family, and he committed to the condition, it is obligatory for him to fulfill it, based on the saying of the Prophet (peace and blessings be upon him):Sunan Abi Dawud 2139Sahih (Al-Albani) And if she did not stipulate this, and the custom of people is to make her live with his family, then she has no right to demand otherwise, because this is the custom. However, if she is in a country where the custom is that the husband does not make the wife live with his family, then the known custom is like a stipulated condition. For example, among us now, the custom is that the husband moves out, yes, he makes his wife live with his family, but there is a large segment of society where people know that when they get married, they will provide her with a separate residence. In that case, this is like a stipulated condition.
We remain in the case where there is no stipulation and no custom, and he makes her live with his family. She has the right to request separation if it is not possible to live with his family, because sometimes the family treats 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. In this case, there is no doubt that the wife has the right to request separation.
The questioner : But dutifulness to the parents...
The Shaykh : Praise be to Allah. He says to his parents: "We have treated the wife well, and I am sitting here. If you do not treat her well, the poor woman will remain in fire for her entire life?" Then, if he goes out with her and is alone with her, he can still be dutiful to his parents. He can visit them in the morning, in the evening, and when needed. He can stay with them for a day and a night according to the circumstances.
The questioner : O Shaykh, may Allah preserve you.
The Shaykh : .
The Shaykh : To stipulate, or to request?
The questioner : To request, and...
The Shaykh : There is a difference between the two. To stipulate, this is at the time of the contract.
The questioner : To request. May Allah reward you.
The Shaykh : That is, to request.
The questioner : And is it permissible for him to fulfill her request?
The Shaykh : If the wife stipulated in the marriage contract that he should not make her live with his family, and he committed to the condition, it is obligatory for him to fulfill it, based on the saying of the Prophet (peace and blessings be upon him):
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 الفروجWe remain in the case where there is no stipulation and no custom, and he makes her live with his family. She has the right to request separation if it is not possible to live with his family, because sometimes the family treats 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. In this case, there is no doubt that the wife has the right to request separation.
The questioner : But dutifulness to the parents...
The Shaykh : Praise be to Allah. He says to his parents: "We have treated the wife well, and I am sitting here. If you do not treat her well, the poor woman will remain in fire for her entire life?" Then, if he goes out with her and is alone with her, he can still be dutiful to his parents. He can visit them in the morning, in the evening, and when needed. He can stay with them for a day and a night according to the circumstances.
The questioner : O Shaykh, may Allah preserve you.
The Shaykh : .