Her husband broke his promise to take her to live with him

12-5-2011 | IslamWeb

Question:

i am married for 3 years. my husband promised me to move out of jammu after marriage.but now he is totally denying it.after marriage he said ,you keep trying if u get a job i ll come with out of jammu.but now he is not ready for it too.we am living separately for three months now.please help me.

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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 is His slave and Messenger.

If the matter is just a promise by your husband, then it is desirable for him to fulfill it but not an obligation according to the view of the majority of the scholars and this is the most preponderant opinion of the scholars. For more benefit, please refer to Fatwa 84051.

Therefore, you are obligated to move to the place where he wants you to move with him, and reside with him where he wants if you are not harmed by doing so. However, if you had conditioned on him [at the time of your marriage contract] not to move you out of your place of residence, then he is obliged to fulfill the condition according to the most preponderant opinion. For more benefit on conditions at the time of the marriage contract, please refer to Fatwa 131714.

In any case, a wife should reside where her husband resides as this is beneficial in this world and the Hereafter. On the other hand, the husband should endeavor to achieve this matter (to reside together) as much as he can. In addition to this, it is not permissible for a husband to be absent from his wife more than six months except with her permission as we clarified in Fatwa 85711.

Finally, it should be noted that it is permissible for a woman to work provided that she abides by the Islamic conditions which we clarified in Fatwa 83607.

Allaah Knows best.