My husband has completely neglected our three children, both emotionally and financially, since 1992. This has enabled people acting with ill intentions to prevent our children from developing a sense of self and shaping their own identities, while depriving them from of their roots, family memories, and affection. They have even tried to deprive them of a home and a roof over their heads.

Allah Almighty created mankind upon the basis of differences and diversity, giving each person distinct characteristics and roles through which they may fulfill His purpose in creating them, “And I did not create the jinn and mankind except to worship Me” (Quran, 51: 56), to develop the earth, “He has produced you from the earth and settled you in it” (Quran, 11: 61), and to purify themselves, “He has succeeded who purifies it” (Quran, 91: 9). Allah Almighty further enjoins both men and women to fulfill the roles He has assigned to them. Regarding their respective rights and duties, Allah Almighty says, “And do not wish for that by which Allah has made some of you exceed others. For men is a share of what they have earned, and for women is a share of what they have earned. And ask Allah of his bounty. Indeed, Allah is ever, of all things, Knowing” (Quran, 4:32).

In structuring the family, Allah Almighty has entrusted the man with the care and protection of his wife and children. This entails providing financial support, offering moral guidance, and ensuring the proper upbringing of the children. The woman, in turn, has been entrusted with caring for her husband and children; He says, “And women have rights similar to the rights against them, according to what is equitable. But the men have a degree over them [in responsibility and authority]” (Quran, 2:228). This status is first and foremost a responsibility rather than merely an honor or distinction, “Lodge them [in a section] of where you dwell out of your means and do not harm them in order to oppress them. And if they should be pregnant, then spend on them until they give birth. And if they breastfeed for you, then give them their payment and confer among yourselves in the acceptable way; but if you are in discord, then there may breastfeed for the father another woman. Let a man of wealth spend from his wealth, and he whose provision is restricted - let him spend from what Allah has given him. Allah does not charge a soul except [according to] what He has given it. Allah will bring about, after hardship, ease” (Quran, 65: 6-7).

 

The ruling

Based on the above, the man in question would, from the perspective of Islamic law, be considered to have fallen short in his duty before Allah Almighty. From a legal perspective, he would also be considered at fault in his dealings with others for failing to fulfill the duties Allah Almighty has prescribed for him; Allah Almighty says, “And do not make difficulties for them in order to take [back] part of what you gave them” (Quran, 4:19), “… and do not keep them, intending harm, to transgress [against them]. And whoever does that has certainly wronged himself” (Quran, 2:231), and “No mother should be harmed through her child, and no father through his child. And upon the [father's] heir is [a duty] like that [of the father]. And if they both desire weaning through mutual consent from both of them and consultation, there is no blame upon either of them” (Quran, 2:233).

And Allah Almighty knows best.