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The question

Did the husband wrong his wife by divorcing her due to her lack of commitment, and what are her rights after divorce according to Sharia?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The questioner's wife is in error and rebellious, and divorcing her was not an injustice. Rather, divorcing a woman of bad character is recommended, even though the preferable approach would have been to follow the -compliant steps of admonishing her for her insubordination through its stages before resorting to divorce.

As for the financial rights of the divorced woman: A disobedient wife (nashizah) who is revocably divorced has no right to maintenance or housing until she ceases her insubordination. If a disobedient pregnant woman is divorced, she is not entitled to maintenance.

As for the non-material rights: The mother has the right to custody after divorce as long as she does not remarry, unless she neglects her duties of custody or her immoral conduct is proven. In such cases, custody transfers to the next eligible person, as determined by the Sharia judge. Mere insubordination does not forfeit the right to custody.

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Where this answer came from
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Ftawy
Original fatwa ID
142745
Imported
Translation status
Source text, unreviewed
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