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FatwaFederal TerritoriesMarriage & Family

IRSYAD HUKUM SIRI KE-175 : TINGGAL ISTERI TANPA NAFKAH, ADAKAH JATUH TALAQ

What is the ruling on a husband abandoning his wife without maintenance, and does this end the marriage?

Short answer

A husband who leaves his wife without any word and provides no maintenance commits a forbidden act and is sinful, since scholars agree that maintenance of the wife is obligatory on the husband under certain conditions.

Federal TerritoriesOpinion (irsyad)

A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.

Authority
Federal Territories Mufti Office
Date
Status
Opinion (irsyad)
Series
Irsyad al-Hukum (Umum)
Topic
Marriage & Family

No evidence of gazettement in the source — this is not a gazetted fatwa.

Summary

A husband who leaves his wife without any word and provides no maintenance commits a forbidden act and is sinful, since scholars agree that maintenance of the wife is obligatory on the husband under certain conditions. Divorce does not occur merely because of this, unless there is a clear ta'liq stipulated at the time of the marriage contract and a complaint is lodged at the religious office or court. The wife is advised to refer the matter to the syariah court.

Written in our own words from the original fatwa — check the source before acting on it.

Juesteru pengabaian nafkah dan meninggalkannya tanpa sebarang khabar berita serta tidak memberi sebarang nafkah maka hukumnya haram dan berdosa.

Excerpt from the original fatwa · Federal Territories

Read the full fatwa on the Federal Territories website (new tab)

How to cite

Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.

Federal Territories Mufti Office. “IRSYAD HUKUM SIRI KE-175 : TINGGAL ISTERI TANPA NAFKAH, ADAKAH JATUH TALAQ”, 20 February 2017. https://muftiwp.gov.my/ms/artikel/irsyad-hukum/umum/1016-irsyad-al-fatwa-siri-ke-175-tinggal-isteri-tanpa-nafkah-adakah-jatuh-talaq. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/husband-abandons-wife-without-maintenance-divorce/

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Evidence cited

Quran verses

  • Al-Baqarah 2:2
  • An-Nisa' 4:19
  • An-Nisa' 4:4

Hadith

  • Muslim 1218