Back to search
The question

Is a wife considered disobedient (nashiz) if her husband agreed to her traveling with him, but she was unable to do so due to her work circumstances and refused to resign, and the husband wishes to divorce her? And if the husband divorces her due to her inability to travel with him, does she have financial rights such as half the dowry (mahr) and the deferred dowry (mu'akhkhar), and what about the jewelry (shabaka) and gifts given to her?

Share this answer

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

If the marriage contract stipulates that the wife may not relocate without the consent of her employer, then she is entitled to what was agreed upon. The husband may not demand her relocation or reclaim what he has given her. He may divorce her while preserving her rights. However, if no such agreement was made, the husband has the right for the wife to relocate with him after payment of the mahr. Otherwise, she would be considered nashiz (rebellious), and the husband may refer the matter to a judge, or the wife may seek khul' (divorce at the wife's initiative) and return to him what he has given her. Gifts may not be reclaimed. If the shabakah (jewelry given by the groom) is part of the mahr, the wife is entitled to half of it if divorced before consummation. If it is a gift, he may not reclaim it.

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
87721
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy