Back to search
The question

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?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

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.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
106334
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy