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Husband and Wife problem

Fatwaa ID: 072

Question:    

I asked the following Question on Sep 11, 2017 and I am still waithing for an answer. I wonder why you take so long in answering questions which are serious and spend your time on frivolus questions. Your time and energy is trust from Allah and you will be questioned in teh hereafter:

Assallamo Alaikum

My husband came to USA on August 15, 2016 on greencard sponsored by me. He moved out to live in a separate apartment in December of 2016. For the last nine months he does not talk to me and does not pick up my call. I went to his apartment with my 6 year old daughter but he did not open the door. I have complained to my father and mother in law and they do not listen, they take his side and tell me that all your problems are because you do not respect him. The only message they send me is to do (Sabar).

What does Shariah say about this situation? I do not have a job and with 6 year old daughter I am staying with my parents. I am depressed and sometime go through psychological problems. I can complain to USA immigration but I do not do that in hope that everythinh will be OK on eday inn future. Please advise me what to do? Last time I spoke with him and he told me that I will not divorce you and also will not accept you. We will raise our daughter living separately. I want to seek Shariah advise as my parents are asking me to seek legal advise from Attorney about my rights and his religious responsibility. He has put my phone on (Block) and threatened me that he will call police if I try to talk to him. I am very desperate and lonely! Wassallamo Alaikum.

Answer:

In the Name of Allaah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

Sister in Islaam,

We apologize for the delay in responding to your query.

We empathize with the difficulty of your predicament. We pray that Allaah Ta’aala makes your matter easy for you. Aameen.

Your husband’s behavior is unfortunate. We advise you to identify a suitable person who has influence on your husband to intervene and resolve the issue. If he does not cooperate and persists in his negative attitude by not staying as a married couple or by not divorcing you, you may seek legal help through an attorney. You may then seek annulment of your nikaah through your local Muslim organization.

In the meantime, we advise you to perform Salaatul-Haajah every day and invoke Allaah Ta’aala to change the matter for the better. You may refer to the link below for the procedure of Salaatul-Haajah. www.askimam.org/public/question_detail/19493

And Allaah Ta’aala Knows Best.
Muajul I. Chowdhury
Student, Darul Iftaa
New York, USA

Checked and Approved by,
Mufti Ebrahim Desai.

10/22/2017

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

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