What is the ruling on a wife leaving the marital home with her infant daughter, accompanied by her father, without her husband's knowledge, and her refusal to return to the marital home? And what is the ruling on the action of the wife's father who assisted her in this without informing the husband?
A wife's departure from her husband's home without his permission is impermissible and is considered an act of disobedience (nushooz) by which she forfeits her right to maintenance (). She becomes sinful unless her departure is due to necessity. Jurists have stipulated that nushooz occurs when she leaves without her husband's permission, except for purposes of litigation, or earning maintenance if the husband is indigent, or seeking a religious ruling if the husband is not a jurist. It is forbidden for her to leave without her husband's permission or without necessity. If her father assists her in leaving without her husband's permission and without a valid excuse, he is sinful for aiding her in disobedience, as Allah Almighty says: "And cooperate in righteousness and piety, but do not cooperate in sin and aggression."
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 100253
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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