Financial Responsibility during a Separation

[ummtaalib]

Question and Answer:

 

Q. If a husband and wife are separated, is it the duty of the husband to continue maintaining his wife?

 

A. A husband remains financially responsible for his wife throughout their marriage. If the husband and wife separate, they still remain married. However due to them living apart, the following rules apply:

 

a) If the husband leaves the marital home, he remains financially responsible for his wife.

b) If the wife leaves the marital home with the consent of the husband, he remains financially responsible for his wife.

c) If the wife is forced to leave the marital home due to the husband neglecting or abusing her rights, the husband remains financially responsible for his wife.

d) If the wife leaves the marital home without the permission or consent of the husband and without a valid reason, the husband will not be financially responsible for her until she returns to the marital home. (Shaami 3/576 - Fataawa Mahmoodiyyah 510/511)

 

And Allah Ta’ala Knows Best

 

Mufti Moosa Salie

Mufti Taahir Hansa

 

(The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh unless otherwise stated.) 

 

 

Fatwa Department
Jamiatul Ulama (KZN)