What are a wife's rights after her husband has beaten her, taken her to her family's house, and then informed her father that he cannot bear to live with her?
Marital life is rarely free of problems. To solve them, spouses must exercise wisdom and deliberation, far from anger, for Satan seeks to separate them. It is authentically narrated in Sahih Muslim that what pleases Satan most is causing separation between a man and his wife.
It would have been better for the husband not to resort to turning off his mobile phone, as this is a provocative method. It would have been better to resolve the matter amicably. The wife also erred by raising her voice and insulting and reviling her husband, which is a form of nushuz (disobedience).
The husband also erred by striking his wife on her face, as striking the face is prohibited, as mentioned in Sunan Abi Dawud.
If the husband intended to divorce his wife by saying, "I cannot bear to live with her," then she has the rights of a divorcee. If he did not intend divorce, then she is still under his marital bond and retains her marital rights, except that her nushuz (disobedience) nullifies her maintenance until she abandons it. This includes her maintenance during the iddah (waiting period), bearing in mind that a pregnant woman's maintenance is not nullified.
We advise seeking reconciliation on sound foundations to preserve the family unit, especially if there are children, as this is in their best interest. Separation often harms them. Allah Almighty said: {And if a woman fears from her husband nushuz (ill-treatment or desertion) or aversion, there is no sin upon them if they make terms of reconciliation between them - and reconciliation is better} [An-Nisa: 128].
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/167393
- Source platform
- Ftawy
- Original fatwa ID
- 167393
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy