The Majlis Archive

Nikah (Marriage) - Talaaq (Divorce) The Majlis Vol 20 No 06, p.4

My wife has left the marital home and refuses to return because she does not want to live in the same house as my parents.

Question

My wife has left the marital home and refuses to return because she does not want to live in the same house as my parents. My parents are old, and I am tending to them. The house wherein we live is very big. I have offered my wife that I will partition off a section for her. She will have her own kitchen, rooms, etc. She will enjoy complete privacy and there will be no interference by my parents. However, she still refuses and insists on another building away from where my parents are living. She also insists that I take her for Hajj although presently I cannot afford it. Will her rights be fulfilled with a separate section?

Answer

According to the Shariah providing a separate living quarters for your wife is her right. The offer you have made to cordon off the place and provide her a separate kitchen and bedroom, etc. to which your parents will not have access satisfies the law of the Shariah. Your wife has no right to make further demands. She is acting in conflict of the Shariah by demanding to move out to another place, for this will compel you to abandon your parents, and this is not permissible. It is not permissible for you to abandon your parents to satisfy the unlawful demand of your wife. Once you have arranged separate and private quarters for her as you have explained, she will have no further right of demanding to move to another place away from the house where your parents are. She has no right to demand that you take her for Hajj. This is entirely your decision. It is not permissible for you to abandon your parents to satisfy your wife's unlawful demands. If she becomes intransigent in her demand, you will be faced with a difficult choice. If the situation deteriorates and you are forced to make a choice, then you have to choose your parents because in this case your wife is in grievous error.

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The Majlis Vol 20 No 06
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