❀ Ruling on Not Providing Maintenance to Wife for Four Years and Ending the Marriage ❀
Source: Fatāwā Rāshidiyyah, Page 438
Question
What do the scholars of Islam say regarding this issue: ʿAbd al-Ḥakīm, who is mentally ill, has a daughter. This daughter was married to the son of ʿAbd al-Ḥakīm’s brother. After the marriage, the husband expelled his wife from the house. She has since been living with her maternal uncle for nearly four years, during which the husband has neither called her back nor provided any maintenance.
According to the Sharīʿah of Muḥammad ﷺ, can this girl marry someone else?
✔ Answer
Alḥamdulillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, Ammā Baʿd!
It should be understood that if a husband neither provides maintenance to his wife nor shows any concern for her for four years, then the woman has the right to have her marriage annulled.
◈ Evidence from the Qur’an
Allah ﷻ says:
﴿وَلَا تُمْسِكُوهُنَّ ضِرَارًۭا لِّتَعْتَدُوا﴾ (البقرة: 231)
“Do not retain them (your wives) to cause them harm.”
Not giving maintenance is also a form of harm.
Allah ﷻ further commands:
﴿وَعَاشِرُوهُنَّ بِالْمَعْرُوفِ﴾ (النساء: 19)
“And live with them in kindness.”
So that they may live a pleasant life.
And He ﷻ also says:
﴿فَإِمْسَاكٌۢ بِمَعْرُوفٍ أَوْ تَسْرِيحٌۢ بِإِحْسَـٰنٍ﴾ (البقرة: 229)
“Either retain them in a fair manner or release them with kindness.”
◈ Evidence from Ḥadīth
It is narrated from Saʿīd ibn al-Musayyib رضي الله عنه:
((عن سعيد بن المسيب رضى الله عنه فى الرجل لا يجد ما ينفق على أهله قال يفرق بينهما.))
Sunān Saʿīd ibn Manṣūr, Vol. 1, p. 55
“If a man is unable to provide maintenance for his wife, then separation should be made between them.”
Conclusion
- The woman has the right to annul her marriage and remarry elsewhere.
- The husband withholding maintenance is a form of oppression (ẓulm), and oppression is prohibited in Sharīʿah.
Hadhā mā ʿindī, wallāhu aʿlam bis-ṣawāb.
