Fatawaa

Subject : Spouses should Know their Rights over one another to Prevent Problems
Fatwa Number : 443
Date : 24-01-2010
Classified : Rights of spouses (conjugal rights)
Fatwa Type : Search Fatawaa

Question :

Is it permissible for husband to take an oath to ban his wife and children from visiting her family or accepting any money from them?



The Answer :

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

 

Such an oath doesn`t happen in normal circumstances; rather a problem has driven the husband to take it. Thus, the first thing to do is solving the problem, then, if he swore by Allah, he may take the oath back and make atonement. But, if he took an oath of divorce, then he has to visit the Iftaa` Department or any of its branches in various governorates of the kingdom.

Generally speaking, the husband doesn`t have the right to prevent his wife from accepting gifts (Cash or in kind) from her family. However, according to our scholars, Shafie, he has the right to prevent her from visiting them to put an end to evils or problems. This is provided that the latter is temporary and intended for calming down and breaking the whispers of the devil. After wards, he allows her to visit them and she may not leave his house without his permission. And Allah The Almighty Knows Best.






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