YOGYAKARTA - Marriage life is often faced with unexpected situations, including when one of the couples decides to leave. Questions about the time limit for a wife to leave her husband in Islam are important to discuss, both in terms of law and ethics.
This article will review various related aspects, including views of Islam, applicable legal provisions, and their impact on household life.
Reporting from TeSIS entitled An Islamic Law Review Against Bed Separated Married Couples Elderly In Creating Sakinah Household', in a fiqh study, the term "bed separation" is known as al-hijr.
Ethymologically, al-hijr means leaving, separating, or not establishing a relationship with something in question.
In the context of households, al-hijr can be interpreted as an act by a husband who does not approve of his wife, does not talk to her, and does not interact or cooperate in any form.
The scholars have diverse views on the meaning of al-hijr. Ibnu Abbas argues that al-hijr is when the husband keeps sleeping with his wife, but looks away and does not have sex.
Meanwhile, Ibnu Mujahid interprets al-hijr as staying away from the wife's beds. Meanwhile, Imam Malik believes that al-hijr is the real separation or stay away from his wife in total.
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In terms, al-hijr can be interpreted as the attitude of a husband who does not sit with his wife, does not speak, and does not interact with him for less than three days. This action also includes not having sex and not fulfilling the rights of his wife as a partner.
Based on the opinion of the ulama, it can be concluded that separating beds is a form of reprimand to the wife who shows indications of defiance is to stay away from her beds for some time.
This is done so as not to have sex. However, keep in mind that Ibnu Abbas's opinion provides tolerance by allowing the husband to remain in the same bed, even though he is sleeping with his back to each other.
In Islamic teachings, a wife does not have a time limit for leaving her husband, because the law is haram.
What's more, if a wife leaves the house without her husband's permission, she will get the meaning of the angel even if it is only for a moment. Therefore, when there is a dispute between husband and wife, it is better for the wife to stay at home to maintain the disgrace of the household.
This is in accordance with the words of Allah SWT in the Qur'an, "...don't (permissible) come out unless they do a clear heinous act. Those are the laws of Allah." (QS. Ath-Thalaq verse 1)
Meanwhile, according to the Marriage Law, in Article 39 paragraph (2), divorce can be filed if there are valid reasons.
One of the reasons recognized by law is when one of the couples leaves another partner for two consecutive years without permission and without reason justified by law, or for other reasons that are out of control or will.
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