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The question

What is the religious and legal ruling on a wife's exaggerated financial demands, especially the "mut'a" (consolatory) payment, after her husband claims she committed adultery and discovers suspicious matters concerning her? And is the husband entitled to request "li'an" (oath of condemnation) or expel her from the marital home?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Life with a wife, when evidence of her betrayal, theft, and unauthorized outings has been established, and further confirmed by the adulterer's admission and detailed account, has become impossible. It is better to divorce her and seek a righteous wife.

The has prescribed a punishment for slandering someone with adultery, but the husband is an exception. He is permitted to perform li'an to deny adultery or pregnancy. If the husband takes the oaths of li'an and the wife takes the counter-oaths, they are separated.

The wife's adultery does not nullify the marriage contract or forfeit her mahr (dowry). However, it permits the husband to restrict her so that she may ransom herself. If she persists in her adultery, he is allowed to divorce her. The husband is not obliged to provide for her maintenance or housing after the divorce unless she is pregnant or has children, in which case he must provide for them and for the unborn child.

The mut'ah (consolatory gift) of divorce is obligatory for every divorced woman according to some scholars. It is money or goods given to the divorced woman after her divorce. There is no specific legal limit for the amount of mut'ah; it should be according to the means and capacity of the divorcing husband. However, a woman's adultery permits the husband to restrict and pressure her so that she may ransom herself and choose divorce in exchange for renouncing her financial rights.

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Original fatwa ID
8769
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