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The question

Does the wife obtain a ruling for separation from her husband if she provides evidence of his alcohol consumption, and is she entitled to her rights in this case? And if the wife refuses to go to the house of obedience (bayt al-ta'a), is she considered disobedient (nashiz) and loses her rights, and is she obligated to pay compensation to her husband if he demands it, and when is she automatically divorced from him after being deemed disobedient, or does she remain in limbo?

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

If a husband drinks alcohol and advice is of no avail, the wife may refer her case to the courts to seek a separation, based on the prophetic tradition, "There should be neither harming nor reciprocating harm," and in accordance with the Sharia principles that harm must be removed. The courts will not require the wife to pay compensation because the separation originated from the husband and was caused by him. Divorce does not occur automatically, but rather after proving harm and a court ruling for separation. Prior to that, the wife is considered a wife and must obey her husband in matters where obedience is due.

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
34362
Imported
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Source text, unreviewed
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