Is the wife sinful for seeking divorce or resorting to the judge for annulment of the marriage, and to what extent is her right to maintenance during the iddah (waiting period) and for the past period during which the husband did not provide for her?
The commands the husband to treat his wife kindly. Allah Almighty says: (And live with them in kindness), and the Prophet, peace and blessings be upon him, said: (Treat women kindly).
If the husband's behavior contradicts this, it is advisable to resort to supplication and reconciliation through wise individuals. If this does not rectify the situation, the wife may request a divorce or refer her case to a judge to remove the harm from her.
Divorce is not always the optimal solution, especially when children are involved, and it is originally prohibited except for a permissible need. If a divorce occurs, the divorced woman has rights, such as maintenance during the waiting period (), and she has the right to demand arrears of her maintenance.
Efforts should be made to overcome disagreements between the husband and the wife's family, and the wife should not be punished because of this. Care should also be taken to ensure good relations among in-laws.
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.
- Read the full ruling
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