Is the husband entitled to take back his wife after she has left him and filed a lawsuit for alimonya, and what are their mutual rights other than alimony, and is the ruling of alimony considered a separation between the spouses before consummation, and is the wife allowed to insist on alimony and refuse to return or divorce?
Abandonment does not affect the validity of the marriage contract. The wife remains under the husband's authority unless he divorces her or a judge rules otherwise. The husband has the right to consummate the marriage with her and to have her return. She is entitled to maintenance for the past period if the abandonment was from his side and she made herself available. She is also entitled to both the prompt and deferred dowry. It is the wife's right to obey him in what is good and reasonable; if she refuses to move and make herself available, she becomes defiant (nashiz) and loses her right to maintenance. The husband may divorce her, or she may refuse until she seeks a khul' (divorce at her request) in exchange for property. A ruling for maintenance does not constitute a separation between the spouses.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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