Q: Currently my husband and I are separated after domestic violence and assault. I did leave myself after the physical abuse. I have now requested a faskh-e-nikah from Jamiatul Ulema. I have a 3 year old daughter.
1. I understand after the divorce, that shariah gives me custody until age 9/10 provided I do not remarry. What would be a fair amount of visitation/sleep over, with her best interest in mind in accordance with shariah for my husband with regard to our daughter considering her best interest with regard to her age and that I'm staying 400km from his home.
2. When we got married my husband agreed on giving me an allowance each month. Over the last several months he stopped giving me this allowance and he said he's saving it for me. Now he refuses to give me the R55000 that I had saved with him prior to the seperation.
a. Am I entitled to this money?
b. In the 5 month separation and iddah period that will inshallah soon follow, am I entitled to receive this allowance? He has not paid any maintenance in this separation period so far except for paying my medical aid.
3. He refuses to return my jewellery that was given to me from him and his family on engagement and nikah. He says it will stay with my daughter because it has to remain in the family. He also refuses to return any clothing or any other items (laptop etc) he purchased for me and that I purchased with my allowance over the 5 years. Is he allowed to refuse returning of my things even though I have taken ownership of theses things.
A:
1. You have the right of custody and he does not have the right to take her for a sleep over. When it is your right, if you wish to relinquish some of your rights it is your prerogative.
2. a. If he had not made over the money to you then you are not entitled to it.
b. In the iddah you will be entitled to the monthly allowance and the husband needs to cover all expenses.
3. This man is corrupt and ignorant.
And Allah Ta'ala (الله تعالى) knows best.
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