Mother leaving family's house during process of divorce
16-4-2014 | IslamWeb
Question:
My in-laws are going through a talaq my mother inlaw walked out of her house she shared with her husband last year September and moved in with her eldest son, this son always wanted to own the mother, 2 years ago the mother spoke ill about this son and his wife to the other siblings and caused friction amongst the other children but now she is living under their roof and we must just forget about what she had said. She has now gone to seek a talaq/fasag they have been married for 40 years he has 2 other wives, the thing I want to know is, is she allowed to go away on holiday away trips with this son and his inlaws as well as on trips with the senior club she belongs to now that they are in this process? Some of the other siblings have also alienated the father should adult children choose sides and should the mother inlaw not have been opened with that son whose she living with now as to what she had told the other siblings about them and how they treated her 2 years ago?
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.
In principle, it is impermissible for a wife to leave her husband's house without his permission. In case of a revocable divorce, it is impermissible for her to leave her house except for a necessity.
Therefore, if your mother-in-law is still married to your father-in-law or if the divorced is revocable, then it is impermissible for her to leave the house, let alone travel, unless there is a necessity.
However, if the divorce is irrevocable or her husband gave his permission, then there is no problem in her traveling with her son or living with him. The fact that she spoke ill of him, or that he mistreated her, or that she caused friction between him and his siblings, does not prevent her from living with her son or traveling with him. But she must repent of what she has done.
On the other hand, all the children are obliged to be dutiful to their parents and it is impermissible for them to sever their relations with either of the parents, whether they remain married or get divorced.
For more benefit, please refer to Fatwa 87019 and 95504.
Allaah Knows best.