What is the ruling of the Sharia regarding a husband's ill-treatment and physical abuse, and should the rights and money taken by the husband be returned, and what about the custody of the children?
What the husband did is not the conjugal kindness that Allah has commanded. It is not permissible to harm the wife physically or emotionally if she is obedient. Light, non-injurious corrective beating is permissible only in the case of insubordination (nushooz); otherwise, it is harm that permits the wife to seek divorce and refer the matter to the ruler. The wife has the right to maintenance for herself and for their child if the child is young and poor, and she is permitted to demand this. The husband has no right to the wife's money except with her permission and willing consent. The questioner has the right to refer her case to the Sharia judge and request a divorce due to harm and the withholding of maintenance, and to demand her past maintenance and what was unjustly taken from her money. The wife has a greater right to custody of the children after divorce until the end of the custody period, unless she remarries or there is an impediment. The Sharia judge is the one who rules on disputes because he hears both parties and the evidence, and his ruling is binding.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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