Did a divorce occur between the spouses based on the words uttered by the husband? What are the wife's rights after she left the marital home? Is she considered disobedient (nashiz)? Is she entitled to the deferred dowry and the list of movable assets?
Divorce occurs by verbal pronouncement for the first time, and it occurs by conditioning it upon a contingency if the condition is met, according to the majority of scholars. A veiled expression (kinayah) is considered a divorce if intended. The wife's depression does not necessitate the option of divorce unless it reaches insanity, and the option is waived by consent and procreation. The wife leaving the home without the husband's permission is considered an act of defiance (nushooz) which forfeits her right to maintenance and lodging, but it does not forfeit her right to the dower (sadaq) unless she herself waives it while being of sound mind and mature. The list of movables is considered part of the dower and is the wife's right. Gifts given by the husband to his wife after the marriage contract become the wife's property and cannot be reclaimed, except for what a father gives to his child.
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