Her husband and in-laws harm her and treat her unjustly
Fatwa No: 126474

Question

Assalamoalaikum
I have one cousine sister and she is married two years ago and Allah has blessed her with a daughter.From last two years her inlaws are taurturing her but she has never complained about it to any of our family members.Father in law has drinking habbit, sister in law is married but still not going to her sasural just bcoz she cant stay away from her family,Brother in laws r not doing any work and all the responsibilty is on her and her husband.All her inlaws are far from deen and dont even follow any of the islamic rules.Not a single person from the family is going for namaz nor even any body knows how to read Quran.
Every day her husband and his family members are fighting with her and beating her just bcoz she is not ready to ask her parents to fullfill their demands.He says that she should not do job.But he is not able to fullfill basic needs of his wife and daughter,so its important for her to do work so that she can atleast give a good life to her daughter.Her husband says that he is married just bcoz he wanted a girl who can work in his house for his people.And he dont even consider her as a life partener bcoz he is having extra mariatal affair outside.
Now the girl is with her parents.Her husband is not ready for any compramise.Her parents told them that u take a separate house and keep our daughter there and maintain relation with ur family and wife.But he is telling that he is not ready to live saparate and not allow his wife to do a job.And if she dont accept his conditions he is going to remarry soon.And the girl is so scared and depressed that she cant even face his family.But she dont want to take a divorce.
I know Allah has given right to a man that he can marry more than once..But is it right that u will do unjustice to ur first wife and thinks to marry again
send me ur suggestions in the light of Islam and Hadith that what that girl should do now? wether a girl is allowed to do job in such situation?

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.

 

If the case is as you mentioned that the in-laws of your paternal cousin beat and harm her, this is a grave form of injustice. They must be advised to fear Allaah and repent to Him of that. They must repent as well of neglecting the teachings of their religion, especially regarding their drinking alcohol and not performing the prayers regularly which is the main pillar of Islam. In fact, Quran sets a severe warning against neglecting the prayers. Allaah The Almighty Says (what means): {But there came after them successors who neglected prayer and pursued desires; so they are going to meet evil.}[Quran 19:59]

As for this woman's work, in principle, she is not allowed to go out to work except with her husband's permission as long as he provides for her. But if he does not provide for her, he will not be permitted to prevent her from going out to work because – according to Muslim jurists – he has not fulfilled his duties, so he has no right to prevent her.

We do not know the nature of the demands that her parents did not fulfill. However, supposing that her parents did not fulfill these demands, she is not required to ask them to fulfill them. So, how could she be beaten because she did not ask her parents to fulfill these demands? Also, she is not required to serve the family of her husband, and it is shameful that the husband tells her that he married her for that purpose only. For further information, see Fatwa 84909.

Moreover, this husband is obliged to provide his wife with a separate accommodation, and it is not permissible for him to force her to live with his family unless it is a separate part of the house with its own facilities. For further information, see Fatwa 84608. Furthermore, this wife is not required to accept the conditions that her husband mentioned, nor should he threaten her with marrying another woman if she did not accept his conditions. If he married another woman, it would be obligatory upon him to treat them equally, since justice is the condition of marrying more than one wife. Allaah The Almighty Says (what means): {But if you fear that you will not be just, then [marry only] one.}[Quran 4:3]

Finally, if this man is having illicit relationships with other women and does not support his wife financially, it will be preferable for her to ask for a divorce from him, particularly because his family members harm her and he insists that she should remain with them and serve them and Allaah may grant her a better husband.

Allaah Knows best.

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