Does an agreement to separate, with the divorce suspended indefinitely to allow the wife to transfer her sponsorship, constitute Khulʿ or a revocable divorce (ṭalāq rajʿī)? And what are the wife's legitimate rights in this case?
Spouses must cohabit amicably and fulfill each other's rights. A wife is not permitted to refuse her husband or abandon his bed without a valid excuse; otherwise, her maintenance allowance would be forfeited, and she would be considered defiant (nashiz). If the spouses agree to separate residences and postpone divorce, there is no objection. The husband has the right to refuse divorcing his wife who requests it without a valid reason until she forfeits some or all of her rights to him, similar to a khul' (divorce at the wife's instance, usually with compensation). If he divorces her without a condition of compensation, he may take her back during her ' (waiting period) – if the divorce is less than three – and she is entitled to the rights of a divorced woman. You are not entitled to reclaim gifts you gave after marriage, and the mahr (dower) becomes the wife's right upon consummation of the marriage.
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