Ruling When Husband Refuses Maintenance and Divorce
Source: Fatāwā Rāshidiyyah, p. 457
❀ Question
The scholars of Islam were asked:
For about six months, Muḥammad Bakhsh has expelled his wife from the house. He neither provides maintenance nor grants her divorce. The wife is demanding both divorce and maintenance, as she has four small children, is currently pregnant, and also wishes to claim her dowry (mahr). Kindly explain the Sharʿi ruling in this case.
❀ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd!
◄ According to Sharīʿah, maintenance (nafaqah) for the wife is obligatory upon the husband.
◄ If the husband commits injustice and does not provide maintenance, the woman has the right to demand divorce from him.
◄ Divorce can still be issued even if the woman is pregnant.
◄ Minor children will remain under the care of their mother until they reach maturity.
◄ The father is responsible for the expenses of the children.
◄ The wife may claim her mahr (dowry) once the husband issues divorce.
◄ However, if the woman seeks separation through khulʿ, then in that case she cannot reclaim her mahr.
ھذا ما عندی واللہ اعلم بالصواب
