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Fatwa CenterHusband is not obliged to provide accommodation for his step-children
Question
I had 6 children from a previous marriage which ended in the death of their father. I recently remarried, alhamdulillah. Before we got married I was living in a home a great distance away from my husband. Seeing him on a regular basis was becoming a hardship because he had to travel so far to see us and it was beginning to take its toll on the family business and other important issues in life. Even though he advised me to stay with him, I decided to allow his other wife to remain in the home with him and I stay in her much smaller home for 6 months until my house was fixed. We discussed 6 months being the time span for this house getting ready. It has been over a year now, and the home is till not ready. I want to begin the repairs on the house but unfortunately something always comes up, taking his mind elsewhere. Should I be allowed to purchase a home of my choice, move into his home and the other wife move back into her place (the smaller place im in now)? i decided to stay here because I didnt want the other wife to feel "put out" by me living in the home they were sharing and it was only supposed to be for 6 months. I really want to get out of here and into a home with the space needed with so many children but I am afraid to put such pressure on my husband because I dont want to be seen as impatient or ungrateful. This is not what I agreed to. I want to begin to make this place my home by fixing it up but I am not allowed to do anything accept clean it because we are subject to inspections and other regulations. I feel like my life is on pause.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
First of all, your question is not clear enough. Generally, we can say that it is not obligatory upon the husband to support or provide accommodation for the children of his wife from a previous marriage. But it is obligatory for the husband to provide his wife with a separate and suitable accommodation. The accommodation does not have to be owned by him, but it is sufficient that he is able to use it by renting it, leasing or the like.
It is not obligatory for the husband to treat his wives equally in the matter of accommodation. It is permissible for him to make for some of his wives larger or better accommodation than the other, provided that he gives each wife her due right of spending and accommodation. Also, it is permissible for the wife to forgo some of her rights regarding financial support, accommodation and overnight stay.
Accordingly, you have the right to ask your husband for a separate and suitable accommodation for you. You do not have the right to ask him for accommodation for your children from your first husband unless he decides to do so from his own free will. There is nothing wrong with giving up your right to accommodation and living in your house. Also, there is no blame on you if you live with your husband in his house, even if this leads to moving the other wife to a smaller house.
Allaah Knows best.
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