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What is the ruling on the money a wife takes as maintenance from her husband after separation, and must she return the Mahr, and is it permissible for her to take maintenance to pay lawyer's fees?

1 min readAlso available in العربية

It is not permissible for a husband to beat his wife without a legitimate Shar'i (Islamic legal) reason. If the wife is disobedient (nashazat) or disobeys her husband's command, he is permitted to beat her under certain conditions: that the beating is not severe, that he avoids the face and dangerous areas, and that it is highly probable that the beating will be beneficial. If the beating is without reason, the wife is permitted to request a divorce due to harm, and the husband must fulfill all her rights, and he is not permitted to take anything from her mahr (dowry). In all cases, it is not permissible to resort to man-made courts that contravene the Law of Allah, unless the purpose is to reclaim a legitimate Shar'i right. The husband is advised to reconcile, be patient, and avoid beating if it does not lead to discipline.

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

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