Is a wife entitled to the gifts and maintenance provided by her husband after she has left the marital home and given birth in her family's house, and refuses to return unless an independent home is provided, citing the mother-in-law's ill-treatment as her reason?
Divorce is a last resort, and one should not resort to it except after exhausting all means of reconciliation. It is advised to be patient with one's wife, to try and mend the relationship with wisdom, to overlook missteps, and to focus on the positive aspects of the marriage. The wife must be commanded to pray, for abandoning prayer is a grave sin. Furthermore, her leaving without permission and her refusal to return and engage in conjugal relations is considered unlawful insubordination (nushooz). If advice is futile and you decide upon divorce, then her maintenance is not obligatory during the period of her insubordination. Gifts that have been received become her property. The deferred dowry (mu'akhkhar as-sadaq) must be paid, unless she waives it in a khul' (divorce initiated by the wife).
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