IF YOU TAKE THE MAINTENANCE OF HUSBAND, WIFE IS ACTION BY?

TAKE THE MAINTENANCE OF HUSBAND, WIFE IS ACTION BY?

Marriage is the goal for any couple in love. It is a common human nature. Once married after several times, sometimes the marital relationship is not always perfect. There are couples who get into trouble especially when the husband is irresponsible. The husband who do not give to his wife with sufficient maintenance household fees every month.

These happening when the couple has a series of children, the husband began to ignore the responsibility to his wife and children to provide for. This situation occurs possibly the husband fail to planed their financial expenditure.  Expenses not be controlled as far as possible, apply also spending more than what is obtained. Sometimes in spending on less important things. As a result, the income earned can not cope with the financial needs for the maintenance of his wife and children. For the wife had to work hard to find extra income to meet the financial needs of the family.

When setting this continues, the relationship between husband and wife began to be a problem. Even up to the level you want to separate or divorce. If the situation begin to happen what action can be taken by the wife.

For our review the article wrote by  Syariah  Lawyer  is table below::

The wife can claim maintenance, do not get divorced if the husband neglects maintenance

Writing Syariah Lawyer, The Straits Times By Mr. Musa Awang sekretariatpgsm@yahoo.com Responsibility husband to maintain the wife is convicted by nas al-Quran and al-Sunnah. Allah says in surah al-Baqarah verse 233 which says: "And the father's wife gave birth to him shall provide a living to eat, drink and dress her." In a hadith narrated by Abu Huraira, that the Prophet said, meaning: "One sins, some of which will not be forgiven but by working in a resurrection. "(Narrated by Tabarani, Abu Nu'aim and Al-Khatib). In another hadith, narrated from Ibn Abbas, the Prophet's saying means: "Whoever for the whole-afternoon in a state of fatigue caused by work done by his hands, then he for whole-afternoon in a state of sin forgiven." (Narrated by Tabarani) Section 59 (1) of the Islamic Family Law (Federal Territories) Act 1984 empowers the Court to order maintenance of wife, which reads "subject to Islamic Law, the Court may order a man to pay maintenance to his wife or ex-wife." If a husband neglects to provide maintenance of his wife, the wife should not seek divorce. Wife can file a claim for maintenance on the Syariah Subordinate Court of the place where he lives. The husband will be summoned to appear in court stated its position in respect of the claim. If the husband does not agree, the court will discuss the claim, and decide the appropriate maintenance of his wife based on the needs of the spouse, compared with income of the husband (Section 61). The court may order the husband to give guarantees to pay maintenance to the wife vest any property owned by the husband of a trustee, with the assurance that the wife alimony paid from the income property (Section 62). In the period discussed alimony, the wife can also apply for maintenance from the husband and the wife. Section 70 (1) of the same Act provides that "If the Court is satisfied that there are grounds to pay maintenance, the court may make an order against the husband for payment of interim maintenance to take effect immediately and remain in force until an order of court made ​​on application for maintenance. " Section 197 and Section 202 (1) of the Syariah Court Civil Procedure (Federal Territories) Act 1998 empowers the Syariah High Court to grant interim order maintenance of wife. Issued a temporary order shall take effect immediately and remain in force until the Court decided the maintenance of permanent wives. The duty of a husband to maintain the wife is the duty of religious values ​​and spirit. Discharge will be given a reward and paradise, while ignoring be recompensed sin and hell. Failure to perform maintenance of his wife will give a negative social impact in the community. The husband will be despised by the public as irresponsible. The wife had to ask, fluctuations court to demand their rights, get in newspapers and television and so on, that will tarnish the dignity of man and the family. Children will feel low and despised themselves, hate their parents, which can also adversely affect the education and development of children. Worse, there are children who have dropped out of school to work to help his mother make a living. The wife struggled to make a living during the day regardless of the day or night cause concern and guidance of children affected. Worse, his wife or children will be involved in criminal activities like selling drugs and prostitution or working as GRO to find sources of income in order to support themselves. husband as head of the family should be reminded all the time about the alimony obligation. Although they may successfully avoid or postpone the period for maintenance of his wife with abuse of court process, but they can not avoid or defer sentence in the court of Allah in the hereafter. The medium is most appropriate to remind the husband was during Friday sermons as a present to pray Friday is the husbands or the men who would become her husband.

The writer is a deputy president, Syariah Lawyers Association of Malaysia (GSM).

Rather than writing the above it can be concluded that the occurrence ignore the responsibility of the husband to maintain his wife  due to a lack of knowledge of her husband, did not practice religion in everyday life such as prayer is not enough to pray 5 times or not at all. It will act with irresponsible behavior because the husband did not fear Allah and do not mind to sin and the punishment to be imposed in the hereafter.

On behalf of the wife also needs also too look in yourself  (wife) why these things happen. He might also have to change the way of life and relationship with her husband and in-laws. Are liable to do the prayers of repentance to God, asking for forgiveness for the disaster that caused her husband did not answer the stairs is an act of God to bring awareness to the sins of the past. Be patient and increase prayer to Allah so yourselves closer to God and eventually will get mercy.

Wallahu'alam.