What is the Islamic legal position for a wife who refuses to return to the marital home and falsely claims divorce? And what Islamic legal procedures can the husband take in this regard? And will she be held accountable for not complying with the judiciary without a valid justification?
Divorce is in the hands of the husband, not the wife. So, if she has not been truly divorced, she is still under his marital bond, and it is incumbent upon her to obey him and return to the home. If she refuses without a legitimate -compliant excuse, then she is disobedient (nashiz). It is advised to strive for reconciliation and arbitration by wise individuals from his family and her family. And if that is not achieved, the matter should be referred to the Sharia court so that the judge may compel her to return to the marital home, along with frequent supplication. Attention is drawn to the danger of her sisters inciting her to rebellion, for if that is true, it is a form of *takhbib* (corrupting a wife against her husband).
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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