Wife set condition for marriage that son would live with her

15-10-2014 | IslamWeb

Question:

Before marrying my husband I told him that I have my son 10 years old. and want to bring him to live with me. he accepted and said that he is going to support me. when I married him. my son arrived almost 2 years after (I managed to bring him as it was not possible before). before he comes my husband was upset and was trying to make me change my mind. i said u accepted my condition and u said you are going to support me. he replied that he changed his mind and that there is updates in life and to dont talk about the past again.... he is 10 years old. I am working so when I am off I need to spend time with him and take him out. he doesn't like it. so I ask him we go together and he refuse... I ask him to take him out he says its not compulsory... my question is : what if a husband doesn't respect and follow the condition her wife putted before marriage? jazakoumAllahoukhair

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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.

If you set a condition in your marriage contract that your husband does not separate you from your son, then according to the most valid opinion in our view, this condition is binding and your husband is obliged to abide by it; please refer to Fatwa 84420.

Hence, if he does not honor this condition and he violates it, you are entitled to get a marriage annulment (Faskh). Some Muslim scholars held that it is compulsory on the husband to abide by the conditions set in the marriage contract and that the Muslim judge (in Sharee‘ah-courts) would oblige him to fulfill them.

On the other hand, if you did not set this condition in your marriage contract, but the husband knew before the marriage that your son will be living with you, some Muslim scholars held that he is obliged to accept his stay with you.

However, we advise you to refer the case to a Sharee‘ah-court or what is supplementary to it such as the Islamic Centers in your country.

You should know that your husband is not obliged to take your son out; however, you should try reaching a mutual understanding with your husband regarding these issues and both of you should thoughtfully take the personal conditions of one another into account.

For more benefit, please refer to Fataawa 86141 and 82632.

Allaah Knows best.