Can a lawsuit be filed for alimony and it be claimed that the husband is not a man, while the wife is residing in her family's home and they insist on divorce through the court?
A wife's statement to her husband, "You are not a man," is forbidden and constitutes harm.
Regarding a wife filing a lawsuit for alimony: 1. If the husband withholds her alimony while being capable, and she is obedient and not disobedient (nashiz), then the husband is sinful, and she has the right to refer the matter to the judiciary. 2. If the husband is in straitened circumstances, the wife may request a divorce judicially, and there is no sin on the husband. 3. If the wife is disobedient (nashiz), the husband may withhold her alimony until she returns to obedience, but he must prove her disobedience. Her leaving the house without permission or a valid reason is considered disobedience.
It is not permissible for the wife's family to prevent her from her husband or incite her to divorce except with a legitimate reason; otherwise, they are considered instigators (mukhabibun).
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 98951
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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