Does the wife deserve alimony and child support during the period she left the marital home without permission, and deprived the husband of seeing his children? And what is the ruling on the money the wife lent to her husband before her departure in this situation?
If the wife leaves the house without her husband's permission and without a legitimate reason, she is considered rebellious (nashiz), and her right to maintenance () is forfeited, unless she is pregnant. However, the maintenance of young children is obligatory upon the father in all circumstances. The wife has no right to prevent the husband from seeing his children, whether the marital relationship is ongoing or separation has occurred. The general rule is that it is forbidden for a woman to seek khul' (divorce initiated by the wife) without a legitimate reason, unless she dislikes her husband and fears that she will fall short in fulfilling his rights; in such a case, she may request khul' in exchange for compensation she pays him. It is not permissible for the wife to take maintenance that she is not lawfully entitled to, even if ordered by a court, and it is forbidden for her to benefit from it. If the husband is compelled to pay undue maintenance, he has the right to refuse to pay an equivalent amount from any debt the wife owes him.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
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- Ftawy
- Original fatwa ID
- 189616
- 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