What is the position of a wife who requested a divorce from her traveling husband, but he refused, and she then filed a lawsuit for divorce due to harm, while their children are with the husband's family? And is she entitled to alimony, legally and Islamically?
A woman is not permitted to seek a divorce without a legitimate Shar'i (Islamic legal) excuse. Permissible excuses include mistreatment, lack of financial support, or the wife's dislike of her husband. However, a court's ruling for divorce based on false claims is not considered Shar'i. The wife must state the true reason for divorce or reach an understanding with her husband. It is not permissible for a woman to claim maintenance for the period of her husband's absence if he was already providing for her. Any money awarded based on false claims is not permissible to take. Maintenance after divorce is for a woman divorced revocably (raj'i) during her 'iddah (waiting period). As for an irrevocably divorced woman (ba'in), she has no right to maintenance unless she is pregnant. The deferred dowry (mu'akhkhar sadaq) is a right of the woman that does not lapse except if she relinquishes it willingly or in return for khul' (divorce at the wife's instance with compensation). A Muslim woman must fear Allah and avoid seeking divorce without a valid excuse or taking what is not permissible for her.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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