What is the ruling on a wife's insistence on divorce and her repeated requests for it, along with her leaving the marital home, aborting herself, denying her husband access to the marital bed, and claiming the existence of magic or jinn possession, despite the husband's attempts at reconciliation and his desire to preserve his family?
A wife's refusal to obey her husband in what is right and her rebellion (nushuz) abrogates her right to maintenance () and permits the husband to discipline her. It is not permissible for a woman to seek divorce without a legitimate Shar'i reason, and the husband has the right not to divorce her until she ransoms herself from him. It is advisable for wise people to intervene to reconcile the couple, and reconciliation is better, but if cohabitation becomes impossible, then separation may be preferable. The husband must be righteous, maintain his prayers, and quit smoking. If the wife deliberately aborts her fetus, she is sinful and must repent.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 156999
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