What is the legal ruling regarding what a husband must do to clear himself of responsibility towards his wife who abandoned him, requested a divorce, and waived her rights, then the husband divorced her in absentia after marrying another woman, and subsequently her family demanded all of her rights and maintenance?
If the wife leaves the marital home without a valid excuse or permission, her right to maintenance () is forfeited. If she requests a divorce without justification, the husband has the right to refuse divorcing her until she relinquishes her right to the dower (mahr). However, if the husband divorces her without stipulating the forfeiture of her right, then she is entitled to the rights established for a divorced woman (with the exception of her maintenance if she was disobedient - nashiz). Her previous request for divorce in exchange for relinquishing her right is not considered valid as long as the husband did not agree to it. It is recommended to consult the court.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 106334
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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