What is the ruling regarding a wife leaving her husband's home in anger and staying at her family's home for nearly two years, refusing to return to her husband's home? Is she considered divorced by this action? Does she deserve financial support, given the husband's inability to divorce due to the value of the deferred dowry (mu’akhar)?
A wife's leaving her husband's house without his permission, when there is no necessity for it, is an act of disobedience and insubordination (nushooz) that forfeits her right to maintenance (nafaqah). A woman's remaining outside her husband's house does not affect the continuity of the marriage contract; separation (furqah) occurs through divorce (talaq) or annulment (faskh). If the husband desires separation, he must divorce her and give her her full rights, not leaving her like one suspended. If the wife desires separation without any harm caused by the husband, the husband has the right to refuse to divorce her until she forfeits some of her rights to him.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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