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The question

What are the rights of the wife and children if the husband seeks a divorce because the wife refuses to cohabit with him, and what are the consequences of that in terms of falling into sins?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The husband must repent if he commits a sin. Both husband and wife should know that a wife's refusal to share her husband's bed without a valid excuse is a great sin.

The husband must follow the legitimate means to address his wife's defiance (nushuz), starting with admonition, then abandonment in bed, and then a non-injurious beating.

If these methods are not effective, the husband can marry another woman while keeping the first wife for the sake of the children.

If the husband is unable to do so, the last resort is divorce. In this case, the wife has all her legal rights, including her deferred dowry (mu'akhkhar as-sadaq). It is recommended to provide her with a good provision, and she is entitled to her maintenance during the 'iddah (waiting period) if she was not defiant or irrevocably divorced.

As for the children, they have the right to maintenance and custody. Their mother has the greatest right to their custody unless she remarries or is characterized by an impediment.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
88220
Imported
Translation status
Source text, unreviewed
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