What is the legal ruling regarding the wife's family, the wife, and her staying in her family's house, and is this considered an act of disobedience (nushuz)? And is the husband sinful for leaving the situation as it is, knowing that the wife went to her family's house while pregnant without the husband's approval and refused to return?
A wife's departure from her husband's home without his consent and her refusal to return constitutes unlawful insubordination (nushuz), which forfeits her rights to maintenance and housing. Inciting her family to divorce is also forbidden. It is advisable to ascertain the wife's desire: if she wishes to remain, she should return without conditions; if her family prevents her, the matter should be referred to the judiciary. However, if the wife desires divorce, it is permissible to detain her (i'dhal) so that she may ransom herself with money. The maintenance of a pregnant insubordinate wife is obligatory due to her pregnancy, and the maintenance of the children is obligatory upon the father.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 101415
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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