Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

If a woman leaves her husband's house in anger and stays at her parents' house for a year and files a lawsuit in court regarding maintenance

Machine translationRead the Arabic original
The questioner : We ask you regarding the set of legislations known as the "Law Applied in the Jordanian Shari'ah Courts." A woman is married to a man, she gets angry at her husband, goes to her family's house, and stays there. She files a lawsuit called an expedited maintenance claim. The judge asks her how much her husband earns. She lies about her husband and says one hundred and fifty, or two hundred dinars. He is ordered to pay eighty dinars. She stays at her family's house for a full year, taking maintenance from him. Is it permissible for her to take maintenance from her husband while she is at her family's house?

The Shaykh : If she is in a state of marital defiance, it is not permissible. However, if he is the one who drove her out of his house, he must provide maintenance within the limits of his ability, and
Allah does not burden a soul except with what it can bear لا يكلف الله نفسها إلا وسعها
... meaning, one must distinguish between the case where she is in a state of marital defiance, having fled or left her husband's house without his permission, in which case she has no right to maintenance.

The questioner : She did that, but the law does not help the husband, because this law is known in the circles as the law of the woman.

The Shaykh : Yes, that is correct.

The questioner : It is the law of the woman, and if the husband does not pay, he is detained and imprisoned.

The Shaykh : Well, what is the point of the question? The answer is clear.

The questioner : The answer is clear. May Allah reward you with good.
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

Similar fatwas