Please advise on the following:
A wife walked out of her husband as soon as she confirmed that he has made a secret nikah with another lady.
It is now 10 months since they have separated and she has nothing to do with him- although he tries to contact her every month when he gives her monthly allowance by writing, “please come back to me-Allah will reward you.”
Is she entitled to a monthly allowance? What is the result of such length of separation on her part?
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
By virtue of marriage, a woman is entitled to the following financial maintenance from her husband:
1) Sufficient food, utensils, cutlery and all other things related to food
2) Sufficient clothing
3) Adequate housing facilities
4) All other items needed to get through day to day life.
However, a woman who walks out on her husband without a valid Shar῾i reason will not be eligible for financial maintenance. Hence, the woman in reference will not be entitled to receive monthly allowances until she returns to her husband.
Physical separation between the husband and wife does not constitute a divorce.
It is clear that the woman in question walked out due to emotions. However, if the husband does not offer allowances to her as a gesture of goodwill from his side that may create more acrimony and it is unlikely that she will accede to his request to return home. The husband should consider deeply what is best for him to do. At times, sticking to a principle may have an adverse effect.
And Allah Ta’āla Knows Best
Mawlana Faraz Ibn Adam,
Student Darul Iftaa
Checked and Approved by,
Mufti Ebrahim Desai.