Is it considered an injustice to the wife to divorce her due to her actions and refusal to return to the marital home, knowing that the spouses had previously agreed that she would not work, and she consented to that?
If a wife does not treat her husband with kindness (ma'ruf), there is no blame upon him for divorcing her, nor would he be unjust to her. This is because divorce is permissible when there is a need for it due to the wife's bad character and ill-treatment. However, the husband is advised not to rush into divorce, but rather to strive for reconciliation by clarifying the obligation of her obedience to him in what is good, and that his obedience takes precedence over her father's, and that it is not permissible for her to leave the house without his permission. The husband, by virtue of his guardianship (qawamah), must oblige his wife to fulfill her duties and prevent her from misconduct in dress and other matters. As for inspecting the wife's phone for espionage or seeking out her faults without a legitimate reason, it is not permissible.
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- Original fatwa ID
- 147666
- Imported
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