What is the ruling on a wife who left the marital home after an argument between her husband and her father, and her family refused to return her, then she requested a khulʿ (divorce initiated by the wife) without cause, and tried to humiliate her husband, then stipulated his humiliation for her return after 20 months, and refused the arbitration of the Imam? Is the husband sinful for not seeing his son, for whom he provides? And is he sinful if he takes the child from his mother after weaning using man-made laws? And is she considered divorced despite the husband's refusal to divorce and the absence of a legal reason?
The wife must obey her husband in what is right. If her defiance and disobedience are proven, the husband has the right to discipline her. The wife's family does not have the right to intervene negatively between the spouses. Her father does not have the right to take her to his house or refuse her return to her husband except with his permission. If the spouses are unable to resolve the dispute between them, they must resort to arbitration and seek the intervention of wise individuals to reconcile them, as encouraged by Islamic law in the Almighty's saying: "And if you fear dissension between the two, send an arbitrator from his people and an arbitrator from her people. If they both desire reconciliation, Allah will cause agreement between them. Indeed, Allah is ever Knowing and Acquainted [with all things]." The husband is not obliged to go to her to bring her back. If reconciliation is not achieved and the wife or her father insists on not returning, the husband may divorce her. He may also refrain from separating from her until she redeems herself from him with money. She is not allowed to seek khul' (dissolution of marriage by the wife) except for a valid legal reason. In the case of the wife's defiance, her maintenance is forfeited, while the son's maintenance remains obligatory upon the father. Resorting to man-made laws is forbidden except out of necessity. During the marriage, the custody of the child is a right for both parents. If they separate, custody is the mother's right unless she remarries or there is a legal impediment, and what is relied upon in custody is the best interest of the child.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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