Is a wife considered disobedient (nashiz) if she refuses to leave her job, does not adhere to agreements, abandons the marital home, refuses to return, and files lawsuits against her husband? Does she deserve financial support (nafaqah), and is she entitled to custody of the children in this situation?
The woman remains a wife, and her verbally abusing him, refusing to return, abandoning the marital bed, and traveling without her husband's consent—all of this constitutes 'nushooz' (disobedience) which forfeits her maintenance until she desists from these actions. She is not permitted to travel with the children or take custody of them without her husband's permission and consent, because custody is shared between the spouses before divorce, and it is hers after divorce unless she remarries or is characterized by a disqualifying impediment. As for her legal entitlement to maintenance, that is a matter for legal experts. It is obligatory to refer this issue to the courts to ensure everyone receives their due rights.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 88640
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy