Is it permissible for the husband to force his disobedient wife to return to the marital home after all amicable attempts have failed, knowing that she leaves and returns without his permission and does not respond to his calls?
A wife leaving her husband's house without his permission and her disobedience (nushuz) abrogates her right to maintenance (nafaqa), but it does not abrogate her right to custody (hadana). The husband is not permitted to take his daughter against his wife's will as long as she meets the conditions for custody. The wife must return to her husband's house, but she should not be forced coercively, as marital life is maintained through kindness and good conduct, and she has the right to khul' (divorce initiated by the wife) if she dislikes her husband. The husband is advised to admonish his wife and seek the help of those who can influence her. Otherwise, he must appoint an arbiter from his family and an arbiter from her family for reconciliation, or for divorce if reconciliation is not possible.
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- Original fatwa ID
- 97396
- Imported
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- Source text, unreviewed
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