Is it permissible to divorce a wife who has left the marital home, falsely accused her husband, and filed a lawsuit against him for non-maintenance while he is providing for her?
If the wife is lying about what she accused her husband and his sisters of, then she has committed a sin and a falsehood. It is not permissible for her to file a lawsuit accusing him of not providing for her, as long as he is providing for her. If she refuses to return to her husband's house, she is defiant (nashiz) and forfeits her right to maintenance, unless she is pregnant. However, the maintenance of a nursing child is obligatory upon the father in all circumstances. The husband is not obliged to divorce her, and we do not advise hastening it. Rather, we advise him to be gentle and try to bring her back. If she refuses and does not wish to stay with him, then it is preferable for him to divorce her, and it is permissible for him to withhold her (from divorce) until she ransoms herself from him with money.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 101678
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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