Is the wife considered disobedient to her husband if she refuses to return to the family home and asks for a separate dwelling after a dispute occurred with her in-laws and her husband's brother assaulted her, and after her husband left her at her family's home for several months without financial support or inquiring about her, while she is pregnant?
A safe dwelling is a wife's right. If the marital home, shared with the husband's family, has its own facilities, causes no harm, and suits the social standing, then the wife has no right to refuse to return to it; otherwise, she is disobedient (nashiz). However, if the facilities are shared or the wife is harmed, then she is not disobedient, and the husband is remiss. Disagreement with the husband's family does not negate the obligation of dwelling or maintenance (nafaqah). Maintenance is obligatory for the husband as long as the wife is not disobedient, except if she is pregnant, in which case she is entitled to maintenance.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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