Assalaamu alaykum. I have been married for thirteen years and have not gotten any children. I stayed with my in laws and husband. Now, because over a period of a few months many misunderstandings have developed between my in-laws and me, he made me stay with my parents since several months without any relation between us; we just speak on the phone. He neither stays with me nor takes me with him. In these circumstances, I want to know what my rights over my husband are.

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.

So long as the marriage bond is still ongoing and you are not a Naashiz (recalcitrant) wife, then you have legitimate rights on your husband, which Allaah clarified in the Quran; the Prophet mentioned in his Sunnah; and the scholars detailed and elaborated on in their books, among which is your right to a suitable house, your husband having marital relations with you, and him spending on you in reasonable terms, and so forth.

For more benefit about these rights, please refer to fataawa 84608, 088304 and 116345.

Therefore, we advise you to try to reach mutual understanding with your husband in the light of what we have mentioned, and if you need to seek the mediation of wise people from among your family and his, then do so hoping that Allaah will make them a reason for reconciliation between you and your husband.

Allaah says (what means): {And if you fear dissension between the two, send an arbitrator from his people and an arbitrator from her people. If they both desire reconciliation, Allaah will cause it between them. Indeed, Allaah is ever Knowing and Acquainted [with all things].} [Quran 4:35]

Finally, we point out that if a wife is Naashiz, then she loses her rights of her husband spending on her and staying overnight with her. Please, refer to fatwa 256876.

Allaah knows best.