Aslam

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He married her on the basis that he would come back to his country after a certain amount of time, then he decided not to go back

Praise be to Allah.

Firstly:

The Muslim is obliged to adhere to the conditions that he set

and to fulfil his promises. Among the conditions that are most deserving of

fulfillment are those by means of which it becomes permissible for a man to

enjoy intimacy with his wife, namely the conditions of marriage.

Al-Bukhaari (2821) and

Muslim (1418) narrated that the Messenger of Allaah (peace and

blessings of Allaah be upon him) said: “The conditions that most deserve to

be fulfilled are those by means of which it becomes permissible for you to

enjoy intimacy.”

Ibn Qudaamah said in al-Mughni (7/448):

The conditions of marriage fall into three categories:

1 – Those which must be fulfilled, which are those which

benefit the wife, such as the condition that he will not make her leave her

house or city, or make her travel with him (i.e., take her to another

country).

These must be fulfilled. If the husband does not do that then

the wife has the right to annul the marriage, because the Prophet

(peace and blessings of Allaah be upon him) said: “The conditions that most

deserve to be fulfilled are those by means of which it becomes permissible

for you to enjoy intimacy.” End quote.

It is essential to differentiate between that which the

husband stated as a condition in the marriage, and a promise that he made

after the marriage contract was done. If it was a condition of marriage

(i.e., the marriage contract was done on the basis of this condition), then

the wife has the choice of waiving that condition or of annulling the

marriage, if her husband does not fulfil this condition. In this case she

should be given her rights in full.

If it was a promise that he made after marriage, then he has

to fulfil his promise if he does not have an excuse. But the wife does not

have the right to annul the marriage if he does not fulfil it. This is the

ruling on this situation.

We advise the husband to fulfil the condition and to keep his

promise, or to ask for his wife’s consent to waive the condition or to delay

fulfillment of the promise until a later, stated time. He has to fear Allaah

with regard to his wife and not bring haraam things and haraam entertainment

into the house.

The sister who asked this question should be more patient and

put up with it. She should also try to get wise people from her family and

from his to intervene, in order to resolve the differences between them.

Secondly:

The husband has made a serious mistake by bringing the

satellite dish into the home and enabling his wife to see all the sinful

content that the dish brings. The one whom Allaah has put in charge of

others should be sincere towards them and not be negligent or heedless in

his duties towards them.

Thirdly:

The sister made a mistake, because she is not forced to look

at the evil scenes brought by the dish, and her being alone is no excuse.

She can occupy herself by worshipping Allaah, keeping company with righteous

women, doing permissible things, and reading and listening to things that

will benefit her in both her religious and worldly affairs.

Source: IslamQA (Sheikh Muhammed Salih Al-Munajjid)
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