Recalcitrant wife loses right to accommodation
Fatwa No: 358813

  • Fatwa Date:13-9-2017 - Thul-Hijjah 22, 1438
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Question

Salam. I read in some fatwas that a disobedient wife loses her marital rights and that her husband will not be sinful if he withholds her maintenance and accomodation. Withholding maintenance is an easy matter, relatively speaking, but how is one to withhold a disobedient wife's accomodation? Should the husband send her to her father's home? Or can he choose to not give her time and stay in other places/travel?

Answer

All perfect praise be to Allah, the Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.

Losing marital rights in case of a recalcitrant wife means that these rights cease to be obligatory upon her husband, contrary to the case in which the wife is obedient. This means that the husband is not obliged to provide maintenance for her or accommodation or give her a share of overnight stay if he has another wife. However, if he wishes, he may continue to give her all these rights despite her recalcitrance.

If the husband chooses to withhold her right to accommodation, she should go to her parents' house or live wherever she wishes as long as it is a safe place. A share in overnight stay is not of her rights when she is recalcitrant, as we mentioned before, so she may not ask for it as compensation for accommodation.

Allah knows best.

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