Should the wife leave the marital home after her first divorce while she is pregnant, or should she remain in it, acting upon the noble verse: "Do not expel them from their houses, nor should they leave, unless they commit a clear immorality"? And what is the ruling if the husband expels her?
If a Muslim swears an oath concerning a matter, and then it becomes clear to him that something else is more pious in the sight of Allah, he should expiate his oath and do what is better. The husband is not permitted to expel his revocably divorced (raj'iyyah) or irrevocably divorced (ba'in), pregnant wife from the marital home, nor is she permitted to leave it, due to Allah’s saying: "Do not expel them from their homes, nor should they leave." If the husband insists on expelling her, he must provide her with safe and comfortable accommodation. Both spouses should strive to resolve problems, and a woman should not seek divorce unless there is harm, according to the : "Any woman who asks her husband for divorce without any harm, the fragrance of Paradise is forbidden to her."
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 46600
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy