Is expelling a pregnant wife from the marital home and divorcing her after discovering her practice of witchcraft and sorcery, and her harming the husband's health, considered a mistake or a sin?
If it is proven through her confession or by evidence that the wife has engaged in sorcery and administered poison, and she persists in this after being admonished, then she is considered disobedient (nashiz) and the husband has the right to remove her from his home due to the danger her continued presence poses to him. This is based on the Almighty's saying: "Do not expel them from their homes, nor should they leave, unless they commit a clear immorality (fahishah mubinah)." Here, "immorality" (fahishah) has been interpreted as disobedience (nushuz) or harm. Despite the expulsion, the wife's maintenance is obligatory if she is pregnant, based on the principle that the maintenance is for the pregnancy, not for the pregnant woman herself.
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- Ftawy
- Original fatwa ID
- 61264
- Imported
- Translation status
- Source text, unreviewed
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