What is the ruling on the maintenance and deferred dower of the wife in the event of her abandoning the marital home without her husband's knowledge and under the influence of her family, who desire her divorce, and what is the status of child custody in this situation?
If it is true that the wife's family incited her to seek divorce, then they are at fault for corrupting the marital relationship, as the Prophet, peace and blessings be upon him, said: "He is not one of us who incites a woman against her husband." A wife leaving her husband's home without his permission or a legitimate excuse is considered nushuz (disobedience), and her maintenance (nafaqa) is forfeited, unless she is pregnant, in which case there is a difference of opinion regarding the obligation of her maintenance. It is not advisable to rush into divorce; rather, it is better to strive for reconciliation. If divorce occurs, the wife has her rights, such as the deferred dowry (mu'akhkhar), and the children have the right to custody (hadhanah).
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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