When the husband deserts home

By Fouzia Khan

MARRIAGE is a sacred institution, based on trust, respect and love between two individuals. And when any one of the three criteri is not met, the trouble begins. Such is the story of Kauther Mohammed Ali Uthman, a 38-year-old Saudi woman, who married Mohammed Abdul Qayoom, a 60-year-old Pakistani national, some ten years ago.
“I agreed to become my husband’s second wife as he told me he is a charity worker, who runs many organizations here and in Pakistan. I thought he is a good man and would take care of me in an Islamic way,” Uthman said.
She said that, initially, her husband’s behavior was good and the couple had two sons. However, all was not well when he kept asking her for money that she had inherited.

“He always took money from me citing different reasons. And now he has not come to our house for many months, initially insisting that he was preoccupied with work,” said Uthman.
Her husband, Abdul Qayoom, has not visited his family for the past 15 months, during which Uthman gave birth to their daughter.

“My sons, nine-year-old Abdul Aziz, and seven-year-old Abdul Rahman; and five-month-old daughter, do not have residence permits as they are not under their father’s sponsorship.”

She said that in such a situation the passport department deports the children to the father’s country. “The children do not have any relative there, they do not know anyone in Pakistan,” Uthman said, adding that her husband’s sponsor was unable to find Abdul Qayoom in spite of conducting a search.
If he is not found and is declared missing, Uthman can take the children under her sponsorship, but before she can do that, a thorough investigation into the whereabouts of Abdul Qayoom has to be conducted.
She has registered the complaint with her husband’s sponsor, the police, passport office and the Ministry of Interior. The Pakistani Consulate in Jeddah has also assured her of help and support.

“Uthman must submit an application to the Consulate detailing all her problems, along with relevant documents, so that the Consulate can solve the problem. The Consulate will take appropriate action to locate Abdul Qayoom in Pakistan or in Saudi Arabia,” said Nusrullah Khan, welfare consul at the Pakistan Consulate.
What does the law of the land say about Uthman and her rights over her children?
“In such a situation, she must approach the court and register a case against her husband, alleging that he has been missing since 15 months. If she is able to present her case to the judge, it would be in her favor and the deportation department can then be told that her case is in the court, and so her children would not be deported,” said Faisal Qasar, an eminent lawyer in Jeddah.



“But the one important thing that matters,” he continued, “is what is written in her marriage contract that she has to produce before the court, and accordingly, the case will proceed.”

Saudi Gazette asked an Islamic scholar what must be done in Uthman’s case.
“If she approaches an Islamic court, it will conduct a thorough search for her husband in accordance with the Shariah law. But after an investigation and with enough evidence of his disappearance, the court can dissolve the marriage,” said Sheikh Asim Al-Hakeem of Tayara Mosque.
He said that if the children are non-Saudi, Uthman can approach the Amarah (governor’s office) and register a request.
Meanwhile, Uthman is appealing to one and all to contact her if they know or have seen her husband. Her contact number is: 0564271066. – SG