Back to search

What are the wife's rights after divorce? Is it permissible for the husband to oppressively detain her (prevent her from remarrying) in exchange for her waiving the deferred dower and returning the prompt dower? Does she have a right to maintenance during her stay with her family or after the divorce, given her disobedience to the husband, her repeated unauthorized departures from the home, her insolence towards him, in addition to problems in the marital relationship?

1 min readAlso available in العربية

If the wife is disobedient (nashiz), the husband must try to reconcile with her and not rush to divorce her. If she persists in her disobedience, the husband may restrict her and refrain from divorcing her until she waives her mahr (dowry) or a portion of it. This is based on Al-Sa’di’s permissibility of confining a disobedient wife as a punishment, so she may ransom herself from him. A disobedient wife is not entitled to maintenance (nafaqah), whether she remains under his marital bond or is divorced, except if she is pregnant, in which case some scholars stipulate her maintenance.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy