What are the rights of the husband and wife after the wife requested a divorce due to the husband's refusal to have his elderly mother leave the home, knowing that the mother's residence was a condition for the marriage?
If the husband stipulated to his wife that she live with his mother, and she agreed to that and was not harmed, then some scholars are of the view that she does not have the right to demand a separate dwelling. If the husband is unable to provide a separate dwelling, he is not obligated to do what he is incapable of. If he is able, then she is only entitled to what was stipulated for her, according to the Maliki school and one of the two views of the Hanbali school.
Accordingly, the husband has the right to refuse to divorce her until she forfeits some of her rights.
The advice is not to rush into divorce, but to strive for reconciliation and to involve wise people, while emphasizing the obligation to honor and treat the mother well.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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