Back to search
The question

What is the ruling regarding a wife's refusal to be with her husband for more than six months, and is this period considered a constructive divorce?

Share this answer

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

It is not permissible for a wife to refuse her husband if he calls her to bed without a valid reason, based on the Prophet's (peace be upon him) saying: "If a man calls his wife to his bed and she refuses, and he spends the night angry with her, the angels will curse her until morning."

A wife who withholds herself from her husband without a legitimate شرعي excuse is sinful and disobedient (nashiz), and she is not entitled to maintenance during the period of her disobedience, unless she is pregnant, in which case there is a difference of opinion regarding the obligation of her maintenance.

The wife is not considered divorced merely by her refusal to her husband; divorce is in the hand of the husband and only occurs with an explicit verbal declaration or an implicit statement accompanied by the intention of divorce.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
124961
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy