Does a woman, whom her husband divorced after discovering that she was bewitching him and feeding him witchcraft, have a legal right to maintenance, even though they have no children, given that it was agreed to divorce her in exchange for not filing a criminal lawsuit against her?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
If a husband divorces his wife without stipulating the forfeiture of any of her lawful rights, she is entitled to her full mahr, maintenance during her ', and all her other material rights. However, if he divorces her in exchange for a payment, or if she absolves him of some of her rights, then only what was agreed upon is forfeited, and nothing else is forfeited except by explicit naming. This differs from the view of Abu Hanifa and Abu Yusuf, who held that all rights are forfeited. In case of dispute, the judiciary shall decide the matter.
Summarized from the full answer at Ftawy · imported
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- 172221
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