Does a wife forfeit her right to spousal maintenance by remaining silent about claiming it due to her husband's poor financial situation, and is she entitled to claim it later?
Scholars differed concerning the maintenance of a wife whose husband is in hardship (financially distressed). The Malikis hold that the wife has no right to claim back from her financially distressed husband what she spent on herself during his period of hardship, basing their argument on the Almighty’s saying: "Let a man of wealth spend from his wealth, and he whose provision is restricted - let him spend from what Allah has given him. Allah does not burden a soul beyond that which He has given it." As for the Shafi'is, Hanbalis, and Hanafis, they hold that she is permitted to claim back from him what she spent, and the maintenance becomes a debt upon him. However, the Shafi'is hold that she can claim back what she spent except for the dwelling. The view that the wife can claim back her maintenance from her financially distressed husband if he later becomes solvent is more in line with the rules of Sharia, better preserves rights, and is more conducive to the continuation of marital life. However, if the wife waives this right, it brings solace to the husband and wins his heart, which is more likely to ensure the continuation of marital life. The Almighty said: "And that you pardon is nearer to righteousness. And do not forget graciousness between you."
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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