Is the husband obligated to provide for his wife before a divorce takes place if she is living at her family's home?
A wife's departure from her husband's home has two scenarios:
1. If it is with his permission, then she is entitled to maintenance (), whether a divorce occurs or not.
2. If it is without his permission, then it is considered an act of defiance (nushooz) which forfeits her right to maintenance, unless the wife is pregnant, or her departure is due to an unbearable harm from the husband (such as a mental illness that harms her). In this case, her maintenance is not forfeited. If the husband's mental illness reaches the point of insanity, some scholars hold that the wife's maintenance is not forfeited if there is hope for his recovery.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 115176
- 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