What is the Islamic ruling concerning a man for whom his wife and her family bought a new house, with her participation, after she had refused the old house, and then she refrained from her marital duties and moved to her family's house, and now refuses to return unless the new house is furnished, knowing that he did not spend on her during her absence?
The maintenance of a minor child is obligatory upon the father and is not waived by the mother's defiance (nushooz). If the wife leaves the marital home without necessity, she is considered defiant. The general rule is that a defiant wife is not entitled to maintenance. However, the more authoritative opinion is that maintenance is obligatory for a defiant pregnant woman because the maintenance is due to the pregnancy, not because she is a wife. Therefore, the wife is entitled to maintenance for the duration of her pregnancy. After childbirth, the father is not obligated to provide her maintenance as long as she remains defiant, but he is obligated to provide maintenance for his child according to what is customary. In case of dispute, recourse should be made to the court, or preferably, wise individuals should intervene to reconcile between them.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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