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Fatwa CenterHer sister went back to her husband against the will of her father
Question
salam alakium my sister came to my father asking him to help her asking for divorce from her absent husband, who left her for a year without sending any money and befor that he used to abuse her, and their two daughters. she said he forced her to take off her hijab, to drink and ask her to participate in sexual clubs. we live in a non muslim country. the husband issued on line one talaq only then he tried so hard to bring my sister back, citing that he repunted and he is a change man. my sister kept saying no untill suddenly and no body knows why she she said she repunted also and she change her mind and she will go back to him. my father got very mad and he gave her the choice especially after he knew that her x husband visited her secretly without our knowledge and that they went back together , he gave he the chice between his gadab ( he will denounce her) if she goes back to him or leaving him and be part of the family again. my dad is very religious and me and three of my brothers are quran hafez. what your say in this matter. is my dad right?? my sister is claiming his gadab is not valid becoz he is pusging her to not to go back to her ex. his ex is claiming that he is a changed man but what my sister told us before she changed her mind was nothing short of committing almobekaat on his behalf. is islam on her side or my dad side here. and to let you know that dad was paying for her through that year for almost every thing. salam alaikum
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.
In general, when a woman marries, her husband has more right in her than her parents and her obedience to him comes in priority over her obedience to her parents.
As regards the case of your sister, it needs some details; if she is still in her waiting period, then her husband may take her back even if her father does not agree. Allaah Says (what means): {And their husbands have more right to take them back in this [period] if they want reconciliation.}[Quran 2:228] The verse proves that it is the husband who has the right to take back his wife while in her waiting period.
On the other hand, if her waiting period has expired and her father does not have a sound reason for objecting to her going back to her husband – like if the husband becomes righteous – then in this case, she has the right to go back to her husband even if her father does not agree. Indeed, he should not prevent her from going back to her husband. Allaah Says (what means): {And when you divorce women and they have fulfilled their term, do not prevent them from remarrying their [former] husbands if they [i.e. all parties] agree among themselves on an acceptable basis.}[Quran 2:232]
However, your father should be advised not to be oppressive as it is better for his daughter and her children that she goes back to her husband as there are negative effects on the children when divorce takes place between the husband and wife. However, a new contract with the permission of her guardian should be conducted if the waiting period has expired. For more benefit, refer to Fatwa 132282.
This is of course if we presume that the husband has repented from committing the prohibitions. But if he is still dissolute and her father objects that she goes back to him because of this, then she is obliged to obey her father as this is obedience within what is permissible. Indeed, there is no good in living with a husband who calls to and propagates dissoluteness.
Allaah Knows best.
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