Does the wife need a new legitimate marriage contract to return to her husband's home, after a judicial ruling to that effect has been issued, and after she has remained in her family's home for nearly a year without divorce, and gave birth to a baby girl during this period?
If the husband provides suitable housing for his wife according to his means, she is not entitled to demand housing that he cannot afford; because housing is provided according to the husband's capacity. The wife's departure from the home for this reason is considered nushooz (disobedience), and a disobedient wife is not entitled to maintenance (nafaqa) unless she is pregnant, in which case there is a difference of opinion among scholars regarding the obligation of her maintenance. The Malikis and one narration from the Hanbalis hold that the maintenance of a pregnant disobedient wife does not cease, while the Shafi'is and another narration from the Hanbalis hold that it does cease. As for the maintenance of children, it is obligatory for males until they reach adulthood, are of sound mind, and capable of earning, and for females until they marry. A disobedient wife remains under the marital bond of her husband unless he divorces her with an explicit word or an allusive phrase with intent, or by a judge's ruling. Divorce does not occur merely by her leaving the home.
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- Source platform
- Ftawy
- Original fatwa ID
- 118360
- Imported
- Translation status
- Source text, unreviewed
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