Is it permissible for a woman to seek divorce from her husband who uses hashish, brings his friends home to use it, is negligent in prayer, and treats her poorly, knowing that he refuses to divorce her and wants her back? Is her remaining in her family's home considered an act of defiance (nushooz) in this situation? Is it advisable to be patient with him and have children, or to separate?

A woman is not permitted to leave her husband's home without his permission, except for a valid excuse, such as a necessity that cannot be met without going out, or harm befalling her if she remains in the house. If the wife's refusal to return to her husband's home is due to harm inflicted upon her by him, then she is not disobedient (nashiz) and does not incur sin thereby.

If the husband does not respond to advice and persists in his behavior, we advise the wife to separate from him through divorce or khul', because she is rid of him if the husband abandons Allah's right. It has been narrated from Imam Ahmad ibn Hanbal that he affirmed the necessity of separation between spouses in such cases.