What is the ruling of Islamic law regarding the rights of the wife and children, and the wife's right to the gold her husband borrowed and her dowry? Is she sinful for leaving the marital home to preserve her religion and herself, after being divorced via WhatsApp, following her accusation of her husband of engaging in an illicit relationship and his threats to her?
If a husband engages in an illicit relationship or attempts to approach his wife in a manner other than the lawful place of cultivation (vagina), he is sinful and must repent. The default rule is that a wife is not permitted to leave her home except for a legitimate Shar’i (Islamic legal) excuse. If there is no way for her to preserve her religion and herself except by leaving the house, then her departure is not considered nushuz (disobedience). The maintenance of children is obligatory upon the father and is not forfeited by nushuz. It is advised to seek reconciliation, but if that is not possible, the matter should be referred to the Shar’i court.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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