Is a wife considered disobedient (nashiz) if she leaves the marital home and refuses to return despite her husband's attempts? What is the ruling of Sharia on the husband's insistence on divorcing her due to her repeated actions? Does she deserve a severance payment (nafaqat mut'ah) in this case?
The wife's departure from her husband's home without his permission, for no necessity, is considered an act of disloyalty (nushuz) and results in the forfeiture of her maintenance (nafaqa). However, if the wife returns to her husband's home, she is no longer considered disloyal, and her maintenance becomes obligatory again.
If the husband fears the wife's return to disloyalty, he has the right to divorce her. Divorce is permissible when there is a need for it due to the wife's bad character or disloyalty.
If the husband divorces her, she is entitled to all the material rights of a divorced woman, and she is entitled to a compensatory gift (mut'ah) according to the husband's financial status. In case of disagreement, the matter is referred to a judge.
However, if the wife returns and rectifies her behavior, the husband should retain her and live with her kindly. If she reverts to disloyalty, he may divorce her or make it difficult for her so she may seek a divorce from him in exchange for compensation (khul').
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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