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The question

What is the Sharia ruling on a wife seeking divorce from a husband who refuses to provide for her and wishes to move back to his parents' crowded house?

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

Among the rights of a wife upon her husband is the provision of a suitable, independent dwelling for her, within his means, where she is not exposed to harm or embarrassment. This right is further affirmed if she stipulated it before marriage. She has the right to refuse residing in his family's home, especially if she stipulated this at the time of the contract, or if she incurs harm from living there, or if the facilities are shared with his male siblings. She is not considered disobedient (nashiz) for refusing this; rather, the husband must spend on her according to what is customary. If he refrains from spending, she has the right to seek divorce, though it is preferable to attempt reconciliation and involve wise family members as mediators.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
95235
Imported
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Source text, unreviewed
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