Does the wife deserve the deferred dower (mu'akhkhar al-sadaq), and does Islamic law permit her divorce given her refusal to live with the husband and serve his family, and her abstinence from marital relations?
It is not permissible for the woman's guardian and family to force her upon someone she dislikes. She has the right to complain and demand annulment if she is coerced. If she agrees to stay, she must obey her husband and fulfill his rights, and it is forbidden for her to humiliate him or his parents.
If the husband sees that cohabitation is impossible, there is no blame upon him for divorcing her, provided he pays the deferred Mahr. If she requests divorce or Khul', her request can be granted in exchange for what was paid to her of the immediate and deferred Mahr, or any other agreement.
There is no maintenance for a disobedient wife (nashiz) who leaves the marital home until she returns to it.
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- Original fatwa ID
- 92479
- Imported
- Translation status
- Source text, unreviewed
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