Husband does not have right to deprive wife of having children
Fatwa No: 278053

Question

salam brother, I wasnt happy in my inlaws home.my husband understood my misery and promised me to live in gulf country for four years.i went to umrah and prayed for his job. 3 months after umrah ,he got job .he is refusing to accept it.he says promise is important and not husband peace and his wish.he says he is gonna suffer there.we worked hard for this .he was preparing day and night.he said once he get job ,we will have baby.now he reduced staying in gulf to 1 year.he has attended so many interviews and got job in bangalore too.he is refusing that too.i am hurt when he says baby after he get job and it has been 1 year of marriage and there shouldnt be any romantic gestures or expectations.Allah save me.

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.

It is your right towards your husband to provide a suitable and separate accommodation for you as we underlined in Fatwa 84608.

As for your husband’s travel to another country or work at a specific place, he is not obliged to do that even if he had promised to do so. For more benefit, please refer to Fatwa 86010.

As for having children, he has no right to deny you that right or delay having children without your consent. Please refer to Fataawa 195927 and 254161.

Try to reach an understanding with your husband and explain to him that you have the right to a separate accommodation and to have children. If he refuses to meet your demands, then you should weigh the harm of divorce against the harm of remaining married to him in this condition and choose the option with the lesser harm.

Allaah Knows best.

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