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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Advice to a guardian who is preventing his daughter from her husband

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This is a family problem presented by Salem Muhammad 'Amir al-'Asiri from Tihama, 'Asir, the land of the Al-Khanarish tribe, al-'Alakah village. He says: I inform you that I am a young man of nineteen years, of good conduct with my family and my kin. I married my maternal uncle's daughter with the consent of both parties, me and her. It has not been more than a week since our marriage when her family's problems began to increase day after day, until they prevented her from meeting me, saying that she is ill and cannot meet me. Then I came other times and found that they are always devising an excuse to get rid of me. Also, my wife is forced to carry out every word they direct to her. I am confused. I decided to divorce my wife, but my wife does not want the divorce, and I cannot bear parting with her. I am unable to present my problem to the court because her father is my maternal uncle, my mother's brother, and people consider that a disgrace. What is the appropriate solution that you see as being in accordance with the truth, O honorable Shaykh?
Answer: We advise the questioner to be patient, and not to rush into divorce, and to address his maternal uncle in the best manner, and to ask him to enable him to have his wife and to return her to the house of obedience. He should seek to achieve this through good relatives and good neighbors so that they advise her father and counsel him to return her to her husband. This is what we advise.
We also advise her father to fear Allah, and to return the woman to her husband, unless there is a legitimate Shari'ah excuse, in which case he should explain this excuse to the husband. Then either he separates from her, or he goes with him to the court. In the court there is blessing and good. As for preventing her from her husband without a legitimate Shari'ah basis, this is forbidden and injustice. And Allah (Exalted and Majestic is He) says in His great Book:
And whoever commits injustice among you - We will make him taste a great punishment.وَمَنْ يَظْلِمْ مِنْكُمْ نُذِقْهُ عَذَابًا كَبِيرًا
[Al-Furqan: 19], and He says (Glorified and Exalted is He):
And the wrongdoers have not any protector or helper.وَالظَّالِمُونَ مَا لَهُمْ مِنْ وَلِيٍّ وَلا نَصِيرٍ
[Ash-Shura: 8].
And the Prophet (peace and blessings be upon him) said:
Be on your guard against committing oppression, for oppression is a darkness on the Day of Resurrectionاتقوا الظلم فإن الظلم ظلمات يوم القيامة
Sahih Muslim 2578
. So it is obligatory upon the maternal uncle of this husband, who is the father of the woman, it is obligatory upon him to fear Allah, and to return the woman to her husband, and to mediate between them in good, and to advise everyone, and to be a helper for them in uprightness, good conduct, and pleasant cohabitation between them. This is what is obligatory upon him. If there are other matters that the questioner may have hidden that require a middle solution from the noble ones and the good brothers who can resolve the dispute between them, then if the matter becomes difficult and that is not facilitated, it is possible to contact the court and look into their case from the side of the court. As for preventing her without right, this is not permissible for him. Yes.
Source binbaz.org.sa

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

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