What should I do about my wife, who refuses to obey me and travel with me, and who fled the home after being pressured to agree to travel, especially given that I discovered she loved someone else and was forced to marry me? Does she have a right to the dowry, deferred dowry, and maintenance, or do all her rights fall away, and must she return what I gave her?
What the wife did by refusing to travel with her husband and fleeing to a foreign man is one of the grave sins, and it results in the forfeiture of her right to maintenance because she is disobedient (nashiz), as mentioned by Al-Sarakhsi and Ibn Qudamah.
However, her right to the dower (mahr) is ثابت (fixed) and does not lapse. It is not permissible for the husband to reclaim what he spent on her during the period of obedience.
It is permissible for the husband to refuse divorcing her until she ransoms herself from him with the dower he gave her, or more, or less. It is recommended that he not take more than the dower he paid. Some of the Salaf and scholars interpreted Allah's saying: "And do not hinder them to take away part of what you have given them, unless they commit a clear immorality" (Quran 4:19) to mean that immorality includes disobedience (nushooz) and hatred, and in this case, it is permissible for the husband to take her money.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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