Fatwa #187132 June 2010South Africa
I am a south african muslim convert lady, married to a muslim pakistan man. since we got married we have been living apart because of his job. He works not far from my
Question
I am a south african muslim convert lady, married to a muslim pakistan man. since we got married we have been living apart because of his job. He works not far from my province but yet everytime I ask him to get a place of his own so we can live together, he tells me about his problems. Today he will tell me about how much he owes his employer when you think things are getting better he comes up with another story. I am frustratedand confussed and yet the distance between us is killing me slowly into depression. What does islam say about this?
Answer
In the name of Allāh, Most Gracious, Most Merciful
Assalāmu ῾alaykum wa Rahmatullāhi Wabarakātuh
As a married woman, you are entitled to Nafaqa (maintenance) and Sukna (Shelter) from your husband. Your husband must fulfil your faily basic needs. He must provide you with sufficient food and adequate Shelter. Marriage is most central to a persons life. His excuses for not being able to stay together cannot be facilitated. Every other problem is secondary. He must live with you immediately and fulfil his duties to you. He cannot simply regard you as a wife but does not fulfil his Shari duties.
If your husband does not cooperate with you then you may refer your issue to the Judicial Committee of Jamiatul Ulama in Natal or Gautend and request them to assist you.
Either get you hustand to suppoet you as a wife or annul the marriage.
And Allāh Ta῾āla knows best
Wassalāmu ῾alaykum
Mufti Ebrahim Desai
Dārul Iftā