What is the legitimate Sharia and legal right in helping a woman separate from her husband after a marriage that lasted forty years, during which she suffered from his behavior and his causing her to undergo an oophorectomy, then his abandonment of her for seven years, and his depriving her of her right to children and compensation for her youth, and what is the way to recover her money and jewelry that the husband seized?
If the husband causes his wife's permanent infertility, a full diyah (blood money) is obligatory upon him, because the obligation of diyah is related to the deprivation of the benefit's type. If it is impossible to obtain compensation from the direct perpetrator, then the compensation is on the one who caused it, if his transgression is proven. The husband also sins by abandoning his wife and forsaking sexual intercourse with her. The wife is permitted to request separation due to harm, or due to the infertility with which the husband is afflicted, or to request khul' (divorce at the wife's instance with compensation) even if there is no harm. She is permitted to resort to the courts to demand maintenance or to reclaim her money that the husband took. However, if the wife is disobedient (nashiz) by leaving the home without harm, she has no right to what has been mentioned, and she must repent and return to her husband's home.
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- Original fatwa ID
- 70767
- Imported
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