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Fatwa CenterA Naashiz wife has no right to financial support from her husband
Question
Problem started within couple of months of marriage, wife started saying she is not happy and wants to leave and her family made mistake by marrying 2 me. She also disrespected my mother in front of me and I neither hit her nor talked in a loud voice. In her 3rd month of pregnancy one day she was not felling well, my mother advised her that she should go 2 her mother's house and take some rest so that her mother could takecare of her. The reason she advised was because I come late from work and my mother takes care of her old father. But wife took that as insult and announced in public that my mother threw her out. And went to her mother's house and did not come back for 6 months despite my efforts 2 reconcile. After she gave birth to my son, again family members got involved and she came back. She was with me 4 another 6 months, during which she complained that my mother is not giving much attention 2 her. So 4 her to get on good terms with my mother I suggested her 2 involve in few house chores. And I also talked 2 my mother to give her a chance and let her involve in chores. And when my mother started to involve her, she came back complaining 2 me that she is not a maid and will not do. And making this a big issue of my mother making her work like a maid, which was not the case, wife left the house 2 years ago, despite i tried stopping her but she did not listened and went away. During these years I engaged family members 3 times from both sides 2 reconcile but all the time wife sent a response that she is not interested in coming back. Which I believe is the intention 2 ask for Khula. I also tried to see my son, which she declined and said that she will never let me see my son and left 4 UAE and took a job without my permission. Now if I divorce her, will I have 2 give maintenance 2 a disobedient wife? I am not willing 2 pay her anything, though I have returned all of her stuff that she brought at the time of marriage.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and messenger.
First of all, you should know that your wife has the right to a separate accommodation, and she is not obliged to dwell with your parents. Hence, if she left the house and refused to return because of being uncomfortable with living with your family, then she is not considered Naashiz (recalcitrant/rebellious). However, if she does not have a legitimate excuse, then she is Naashiz. For more information, please refer to Fataawa 84608 and 99860.
Also, a Naashiz wife has no right to financial support from her husband as we have explained in Fatwa 196333.
As regards her rights as a divorced woman, such as her right to the delayed dowry and the like, then she does not lose those rights by being Naashiz. But if it was agreed that the husband would divorce her in return for compensation, then she is obliged to give such compensation, such as giving back the dowry or renouncing it or renouncing the delayed dowry, and the like.
For more information on the rights of a divorced woman after divorce, please refer to Fataawa 86603 and 89039 on explaining the rulings pertaining to Khul’.
We should point out that both parents have the right to see the child when he/she is under the custody of both of them when the bond of marriage is still valid, or when the custody only belongs to one of the parents in case of separation [divorce]; we have clarified this in Fatwa 99860 to which we have referred you above.
Finally, we recommend that you reconcile if possible; Allaah says (what means): {And if you fear dissension between the two, send an arbitrator from his people and an arbitrator from her people. If they both desire reconciliation, Allaah will cause it between them. Indeed, Allaah is ever Knowing and Acquainted [with all things]}. [Quran 4:35]
Allaah also says (what means): {And if a woman fears from her husband contempt or evasion, there is no sin upon them if they make terms of settlement between them - and settlement is best. And present in [human] souls is stinginess. But if you do good and fear Allaah - then indeed Allaah is ever, with what you do, Acquainted.} [Quran 4:128]
So, you should not resort to divorce or Khul’ unless a greater interest is involved.
Allaah Knows best.
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