Assalamualaikum Mufti Saheb,
I got married in Hyderabad India. I brought my wife to Chicago as my dependent on F2 visa. We have three sons 9,5 and 3 year old. All of them were born in Chicago. We have not been to India since 2006.
There were many disputes between me and my wife over many different issues. She called cops on me multiple times. DCFS got involved into our disputes and appointed a family counsellor.
In last Ramadan, my brother in law and his wife visited my house from UK. My wife took oath in from of my counsellor that she would not take any action upon the arrival of my brother in law. When we all sat down to resolve the differences, my brother in law started heated argument in front of kids. DCFS considers an argument in front of kids as child abuse and so to avid further escalation of the issue, I stayed in Masjid. On the day of Eid, my wife and his brother did not allow me to spend time with my kids. Three days later I got call from Sheriff that there is an Order of Protection(OP) against me. My wife took out the OP against me falsely alleggingme of terrorism and extremism. When my brother in law left for UK, he left my wife and kids in a shelter where she is getting housing, cash, free transportation, etc. I lost my student status and it seems that there is no chance of getting back into status anytime soon. I am a software developer by profession. I do not have work authorization. I have been requesting my wife to come back to India with me. She does not want to come to India. It tool almost 90 days and $14403 to terminate the OP. Now there is a court order between us. My wife is not even obeying the court order. I filed case for legal separation in the court and I am fighting for the sole custody of my kids. Now the judge has given me time for reconciliation.
In this situation I wanted to know that according to Islamic Law, do I have to pay any money towards maintenance of my wife.
الجواب وبالله التوفيق
The woman who leaves home without the permission of her husband and is living in some shelter etc. without the consent of her husband and is not fulfilling the rights of her husband, that woman is Shar’an disobedient and the disobedient woman is not deserving the living allowance until she returns to the husband’s home and fulfills the rights of the husband. Without that to demand living allowance is not correct.
عن الشعبی انہ سئل عن امر أ ة خرجت من بیتھا عاصية لزوجھااَلھا النفقة ۔ قال لا و ان مكثت عشرين سنة
(فتاوى قاسميہ ص 649 بحوالہ مصنف لا بن ابی شيبة)
و ان نشزت فلا نفقة لھا حتی تعود الی منز لہ (حوالہ مذکورہ بحوالہ قدوری کتاب الطلاق )
واللہ اعلم بالصواب