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Wife Seeking Fatwa from Shaykh about Marital Problems without Husband’s Permission

Question

I have some problem with my husband and I want to have the Fatwa from a Sheikh but he refused. Can I ask the Fatwa from a Sheikh without his permission? Can I ask for a meeting with a Sheikh so we can discuss the subject together (my husband, Sheikh and me)?

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

If your husband does not allow you to seek a Fatwa from one of the Shaykhs and you are in real need to know the ruling concerning a given issue and there is no other way for you to know that ruling, then it becomes lawful for you to seek that Fatwa from the Shaykh without your husband’s permission. You can do that through the telephone, the fax or telex and if that is impossible except through talking to the Shaikh directly, then it becomes lawful for you to do so provided that you do not stay with that Shaykh alone. You can, for instance, ask that Shaykh while going out of the mosque, or while in the street, or in the market, or in any other public place.

Allah knows best.

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