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Fatwa CenterHer husband refuses to provide her with her own accommodation
Question
I am married and living with in-laws. I know it is my right to have a house of own. I've told my husband that I want to a house of our own but he has refused. In the house there are two young men in the house and I feel very uncomfortable because I am a practicing sister. What should I do? May Allaah reward you.
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. We ask Allaah to exalt his mention as well as that of his family and all his companions.
The husband should provide his wife with a separate accommodation so that she will not be harmed by residing with the family of her husband, where she should be secure from being in forbidden seclusion with the male relatives of her husband. Staying with the family of her husband in one accommodation with the presence of other adult males causes embarrassment and difficulty, and it is not certain that they would not see her without the Hijab or be in a forbidden seclusion with her. It is confirmed that the Prophet 
said: "Beware of entering upon marriageable women.'' A man from the Ansaar remarked: ''O! Messenger of Allaah, what about an in-law? He replied: He is death itself (i.e. his seclusion with women is as serious and dangerous as death)." [Al-Bukhari and Muslim]
Therefore, if the accommodation where you live with the family of your husband is separate, that's to say that you do not share the kitchen, toilets and halls and the like, in a way, and you are able to close the door and move freely therein, then in this case your husband is not obliged to provide you with a separate accommodation because you are safe in such accommodation from being in forbidden seclusion or being seen by the male relatives of your husband.
However, if the accommodation is small and it is not safe to avoid being in seclusion with the male relatives of your husband or from their seeing you [without Hijab], then we advise you to continue asking your husband with wisdom and soft words for a separate accommodation. The relatives of your husband could try to influence him while reminding him about the harms that are caused by you staying in the same house with his male relatives, and seek the help of your righteous and wise relatives to achieve this. You have to be patient until Allaah makes a way out of your difficulty, and supplicate Him to facilitate the matter for you.
If your husband does not provide you with the accommodation that we have described to you, then you may ask for divorce, but we do not advise you to do so. Rather, we advise you to be patient, and if you can't do so, do something near to it while avoiding mixing with marriageable men or being in seclusion with them.
Allaah knows best.
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