What are my brother's wife's legal rights since she left the house, and what are her rights in case of divorce? Is there any injustice to the newborn, given that she refused to leave her job, caused family problems, filed a police report for empowerment (enabling her to return to the marital home) and for squandering of furniture, and there is a fetus due to be born soon?
The fundamental principle is that a woman's place is in her home, and she is not permitted to leave for work or to her family's house except with her husband's permission. Otherwise, she is considered disobedient (nashiz) and is not entitled to maintenance or housing during the period of her disobedience, unless she is pregnant, in which case she is entitled to maintenance. It is advisable to seek reconciliation between them. If the wife insists on refusing, it is better for the husband to divorce her. He may also refuse to divorce her until she redeems herself from him. If she is divorced, she is entitled to all the rights of a divorced woman, except for what she relinquished in exchange for khul' (divorce at the wife's request with compensation). Custody of the child belongs to the mother unless she remarries or there is an impediment to her custody. It is not permissible for the wife to own the apartment if it does not belong to her, based on the Almighty's saying: "And do not consume your properties among yourselves by falsehood." As for the furniture of the marital home, a detailed explanation has been provided concerning it.
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