Back to search
The question

What are the wife's rights if she is divorced? Is she considered defiant (nashiz) if she insults her husband and his family, refuses to do housework, and repeatedly asks for divorce? Is the husband allowed to leave her in limbo until she requests a khul'?

Share this answer

Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

The wife's situation as described is evidence of her defiance (nushuz) and her ill-treatment of her husband's companionship. She is sinful, and so are those among her family who assisted her in this. The husband has the right to withhold divorce from her until she redeems herself and seeks a khul' (divorce at the wife's initiative with compensation). If he chooses to divorce her, she is entitled to all her rights, such as the remainder of her dower. However, she is not entitled to maintenance (nafaqa) as long as she is defiant. Her previous request for divorce is not considered a khul' unless she explicitly states her desire for khul' and agrees to pay its compensation or waive her rights. This matter should be presented directly to scholars due to its complexity.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
87553
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
Read the full ruling
Read the full answer on Ftawy