What are the legitimate rights of a wife when she seeks divorce due to her husband's repeated infidelities, knowing that he is well-off?
A severe warning has been established against a woman seeking divorce without a valid Shar'i (Islamic legal) reason. If the messages the husband received from women reached him without his intention, then he should not be accused of betrayal. If it is proven that the husband has illicit relationships, then the wife should advise him gently, patiently, and supplicate for his guidance. If he does not respond, then it is permissible for her to seek a divorce due to the corruption of his religious commitment, and this is what many scholars have ruled. As for the children being grown, it does not permit divorce.
As for the rights resulting from divorce, they are: 1. Maintenance (Nafaqah) and Housing (Sukna): The divorced woman is entitled to maintenance and housing during the waiting period (iddah) if the divorce is revocable. However, if it is an irrevocable divorce, she is not entitled to maintenance or housing unless she is pregnant. 2. Consolatory Gift (Mut'ah): This is money given to the divorced woman, and there is a difference of opinion regarding its obligation or recommendation. 3. Deferred Dowry (Mahr Mu'akhkhar): She has the right to demand it if it remains as a debt owed by the husband. 4. Children's Rights: Demanding the children's right to maintenance and housing until the male child reaches adulthood and is able to earn a living, and until the female child gets married.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/101956
- Source platform
- Ftawy
- Original fatwa ID
- 101956
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy