Question:
ASALLAMU alaikum
My Daughter got married ….…she is pregnant and the husband has sent her back home saying he is currently unemployed hence not able to provide a place for her to stay…its been a few months and he sent R500 (nafaqa) once only which is not even enough for her basic needs..he fails to provide and claims its because he is out of a job…to such an extend that the pregnant lady now has to go work in her state in order to support herself which is affecting her health but she has no choice…so my question is…can these factors be the basis of annulling the marriage because he fails to provide the mandatory nafaqa and shelter?
Answer:
In the Name of Allah, the Most Gracious, the Most Merciful.
As-Salāmu ‘Alaykum Wa-Rahmatullāhi Wa-Barakātuh.
In principle, the maintenance (Nafaqah) and shelter (Sukna) of the wife is the responsibility of the husband. However, the annulment of a marriage is a serious and sensitive matter, as it leads to the breakdown of a family.
It is therefore advised to approach a recognised Islamic body (such as the Jamiat) for counselling and mediation. They will assess the situation, attempt reconciliation where possible, and guide you if further steps are required.[1]
And Allah Ta’ala Knows Best.
Abdour-Rahmaan Lim Voon Heek
Student Darul Iftaa
Port-louis, Mauritius
Checked and Approved by,
Mufti Muhammad Zakariyya Desai.
