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What is the ruling of the Sharia concerning the nafaqat al-mut'ah (compensatory gift), nafaqat al-'iddah (maintenance during the waiting period), and al-mu'ajjal (deferred dower) in a case where the wife requests a divorce because she refuses to return to the marital home, knowing that the husband cannot provide another residence?

1 min readAlso available in العربية

If the dwelling is independent, suitable, and poses no harm, the wife must return to it if the husband requests her to do so. If she refuses without a valid excuse, she is considered disobedient (nashiz) and her maintenance (nafaqa) is forfeited. The husband is then permitted to refuse divorcing her until she waives some of her financial rights. However, if he divorces her without imposing any conditions, she is entitled to all her rights, including the deferred dowry (mahr mu'ajjal), and maintenance for the 'iddah (waiting period) and for pleasure (nafaqat al-mut'ah). The maintenance of the children is obligatory upon the father in all circumstances.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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