DDHK. ORG – Husband does not sleep at home for weeks on the grounds of work, what is the law? Listen consultation with the following Ustadz.
Peace be upon you, and Allah mercy and blessings Chaplain.
Permission to ask. What is the ruling if a husband does not sleep at home for weeks on the pretext of work. Please enlighten Ustadz.
Thank you,
Wassalamualaikum wr. wb.
ANSWER:
Peace be upon you and God's mercy and blessings be upon you
WL…
The obligation of a husband to his wife is to provide a living, both physically and spiritually. Including providing a living here is everything that includes anything that can make a marriage sakinah (harmonious), mawaddah (full of love), wa rahmah (and full of affection).
If a husband works outside for a long time so that he does not come home and does not sleep with his wife, then Islamic rules must be observed and obeyed so that the relationship between the two is maintained.
If not, of course it will cause problems that can lead to things that are not desirable.
It has been said that when Amirul Mukminin Umar bin Khattab radliyãllahu 'anhu while patrolling at night, he heard a woman in the house humming a poem containing the moans and complaints of her husband who was far away, waging jihad in the way of Allah Subhanahu wata'ala.
After the incident, Umar bin Khattab radliyãllahu 'anhu came home & asked & discussed with his son, Hafshah, about this.
Indeed, at that time many husbands left for the field of jihad leaving their wives behind. Then Umar decided that the soldier who had been on duty for four months should go home so he could provide a living for his wife.
Imam Syafi'i Rahimahullahu Ta'ala mentions in the book Al-Umm:
كَتَبَ عُمَرُ بْنُ الْخَطَّابِ رَضِيَ اللَّهُ عَنْهُ إِلَى أُمَرَاءِ الْأَجْنَادِ فِي رِجَالٍ غَابُ ِهِمْ يَأْمُرُهُمْ أَنْ يَأْخُذُوهُمْ بِأَنْ يُنْفِقُوا أَوْ يُطَلِّقُوا ، فَإِنْ طَلَْ نَفَقَةِ مَا حَبَسُوا. وَهَذَا يُشْبِهُ مَا وَصَفْتُ
“Umar bin Khattab radliyãllahu 'anhu once wrote a letter to the warlords regarding husbands whose wives were far away, (in the letter, pent) he instructed them to give husbands an ultimatum with two options; between providing maintenance to the wives or divorcing them. Then if the husbands choose to divorce their wives, they must send them the maintenance they have not given while they were away. This is similar to what I (Imam Syafi'i) has stated.”
If we relate it to today, if there is a husband who works and cannot go home to see his wife for quite a long time, which is a maximum of four months or even more, then there must be an agreement between the two of them.
If the wife is happy, the husband can also maintain the trust, then the benefit of being able to maintain the marriage relationship, God willing, can still be maintained. But on the contrary, if the wife is not happy and or the husband cannot be trusted, then the wife can sue for divorce.
Just like in Indonesia, there is a shighat ta'liq in the marriage book which states that the maximum limit for not providing spiritual support is three months.
Even so, divorce does not necessarily fall because it still depends on the wife's approval. If the wife is happy, then the marriage can still go on, whereas if the wife is not happy, then she may file for divorce as mentioned above.
Hope it works!
Wallãhu a'lam
Peace, mercy and blessings of God
Answered by Ustadz Very Setiawan.
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