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🏡 Rights & responsibilities · #53

A husband has been imprisoned. What happens to the wife's maintenance and rights?

The marriage continues, and the wife's and children's maintenance remains a debt on the husband; if the sentence is three years or more, the wife may apply for fasakh at the Syariah Court.
Act 303 s.52(1)(c) lists a prison sentence of three years or more as a ground for fasakh, while failure to provide maintenance for three months is a separate ground (s.52(1)(b)). If the husband has property or income, the court may order maintenance to be paid from it. The wife is not obliged to divorce; many choose to wait and support their husbands. Meanwhile, seek help from the zakat centre, the Social Welfare Department and family. Explain to the children honestly according to their age, and consider visits if safe and suitable. See Abandoned by one's husband and Zakat & welfare.

Sources

Act 303, s.52Surah at-Talaq 65:7Surah al-Baqarah 2:286
← PreviousA wife has a long illness and cannot be intimate with her husband. What are each spouse's rights and responsibilities?Next →Until what age may children sleep in the same bed or room as their parents?

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This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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