Is maintenance obligatory for a wife who requested a divorce and refused to return to the marital home, and who has been with her family for five months, with no children between them?
A woman who leaves her husband's house without his permission, or refuses to return after going to her family with his permission, is considered a nashiz (rebellious/disobedient). A nashiz is not entitled to maintenance (nafaqa) unless she is pregnant. If there is a legitimate reason for seeking divorce, such as the husband's ill-treatment, she has the right to request a divorce. If the husband refuses, she should refer her case to the judiciary. She is not permitted to be a nashiz and deny her husband's rights. Ibn Qudamah said: "A nashiz has no maintenance because she has refused to obey her husband in what marriage obligates. So, whenever she refuses his bed, or leaves his house without his permission, she has no right to maintenance or accommodation. This is the view of the majority of scholars."
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