🏡 Rights & responsibilities · #34

Does a wife lose maintenance if she is nushuz?

Yes, according to the Shafi'i school and the majority, a wife's maintenance lapses for as long as her nushuz (marital defiance) is established, and resumes when she becomes obedient again.
Nushuz means a wife's defiance of her husband's rights without a valid Shariah reason, such as leaving home without cause or refusing to live together. Refusal because she is being wronged, is not given maintenance or her safety is threatened is not nushuz. Child maintenance does not lapse. A disputed finding of nushuz is made by the Syariah Court, not by one party's claim. See Nushuz & conflict and Counselling.

Sources

Surah an-Nisa' 4:34State Islamic Family Law Enactment

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Related questions

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This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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