Answered by Shaykh Abdul-Rahim Reasat
Question: Assalamu alaykum
What is the ruling of the husband living away from his wife in ‘idda and marriage?
Is there any difference to the ruling, if the wife owns the marital home?
Answer: Wa ‘alaykum as-salam wa rahmatullah wa barakatuh
Thank you for your question.
In general, the husband may live away from his wife whilst married to her, as long as this fits under the bracket of ‘maʿruf’, universally recognised goodness, which the Qur’an commands. This could be temporary for the purposes of work, etc. However, if it is for too long, such that it encroaches on her rights to things such as finances, his good company, or intimacy then he would be sinful (al-Maydani, al-Lubab). Specifying the time period would be dependant on what her needs are.
During the ʿIdda (Waiting Period)
There are multiple types of ʿidda, but what concerns us here is the ʿidda from a revocable divorce (ṭalāq rajʿī) and the ʿidda from an irrevocable divorce (ṭalāq bāʾin). For the former the husband and the wife are both to stay in the marital home, and she is encouraged to dress nicely in the hope that he will revoke the divorce, make amends, and continue married life with her.
In the ʿidda of an irrevocable divorce, they are both to dwell in the marital home, but without any contact. If there is cause for concern then another lady may live in the house with her. However, if there is cause for concern it is better for him to leave the house, because Allah commanded the lady to remain at home – not him (Haskafi, al-Durr al-Mukhtar).
If the wife owns the marital home, he will have to leave at the end of the ʿidda.
And Allah knows best
[Shaykh] Abdul-Rahim Reasat
Shaykh Abdul-Rahim Reasat began his studies in Arabic Grammar and Morphology in 2005. After graduating with a degree in English and History he moved to Damascus in 2007 to study and sit at the feet of some of the most erudite scholars of our time.
Over the following eighteen months he studied a traditional curriculum, studying with scholars such as Shaykh Adnan Darwish, Shaykh Abdurrahman Arjan, Shaykh Hussain Darwish and Shaykh Muhammad Darwish.
In late 2008 he moved to Amman, Jordan, where he continued his studies for the next six years, in Fiqh, Usul al-Fiqh, Theology, Hadith Methodology and Commentary, Shama’il, and Logic with teachers such as Dr Ashraf Muneeb, Dr Salah Abu’l-Hajj, Dr Hamza al-Bakri, Shaykh Ahmad Hasanat, Dr Mansur Abu Zina amongst others. He was also given two licences of mastery in the science of Qur’anic recital by Shakh Samir Jabr and Shaykh Yahya Qandil.
His true passion, however, arose in the presence of Shaykh Ali Hani, considered by many to be one of the foremost tafsir scholars of our time who provided him with the keys to the vast knowledge of the Quran. With Shaykh Ali, he was able to study an extensive curriculum of Qur’anic Sciences, Tafsir, Arabic Grammar, and Rhetoric.
When he finally left Jordan for the UK in 2014, Shaykh Ali gave him his distinct blessing and still recommends students in the UK to seek out Shaykh Abdul-Rahim for Quranic studies. Since his return he has trained as a therapist and has helped a number of people overcome emotional and psychosomatic issues. He is a keen promoter of emotional and mental health.