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What is the ruling on a husband accusing his wife of infidelity without proof and his refusal to financially support her and their son? Is the wife considered disobedient (nashiz) for not returning to the marital home due to fear of gossip, given the husband's absence and his refusal to come and resolve the issues after he swore by divorce that he would not come? And does divorce occur if the husband comes to reconcile with her after his oath?

1 min readAlso available in العربية

The general rule is that a wife must obey her husband and must return to the marital home if he requests it; otherwise, she is considered disobedient (nashizah), unless she is harmed by residing there alone, in which case she is not obliged to obey his command and is not considered disobedient.

Regarding the husband's oath of divorce, if it is conditioned on the wife being taken from her father's house, then, according to the majority of scholars, divorce occurs as soon as this condition is met, regardless of whether the husband intended divorce or merely a threat. Some scholars, however, hold that if he only intended a threat, he is required to offer an expiation for breaking an oath.

A husband's accusation of adultery against his chaste wife is a grave sin and evidence of his wickedness if he has no proof. It necessitates the prescribed punishment (hadd) upon him and a ruling of his wickedness, and his testimony is rejected unless he provides proof or performs mutual imprecation (li'an).

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

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