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The question

What is the ruling on a wife who left her husband's home and went to her mother's home, refusing to return until divorce proceedings, and are her actions and leaving without her husband's permission counted against her?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Divorce does not occur with the statement "I want to divorce her" because it is a promise of divorce. Divorce does not occur by merely intending the action until the husband actually divorces. It is not permissible for the wife to insist on demanding a divorce merely based on a promise of it. If the wife requests a divorce without a legitimate reason and leaves the house without permission, she is considered disobedient (nashiz) and her maintenance (nafaqa) is forfeited until she returns, unless she is pregnant. Divorce is not the first solution, and it should only be resorted to if its benefit outweighs other considerations. Spouses should deliberate and be rational in resolving problems through understanding, and avoid uttering words of divorce.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
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Ftawy
Original fatwa ID
173393
Imported
Translation status
Source text, unreviewed
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