My wife left the house on 09.12.2012 without my permission on her own for no reason (for the second time) though told to her that if she step out of the house there will be no returning back into the house and so, think twice and take her own decision to step out of this house and should not blame her parents/relatives that she left the house on their provocation and she must be wholly responsible of what she is doing. The religious elders whom I have called to speak with my wife’s parents and available at that time in my house also told her that when there is no difference among you both and living happily, it is not correct to leave the house on provocation of your parents, brother and relatives when your husband is not permitting you to leave the house. Hearing to all, she did not care and left the house taking my 5 months child and since then we are living separately. (1) My wife act can be termed as Marital Discord (Nushooz) and treat it as desertion. (2) Is she eligible for maintenance?

Answered according to Hanafi Fiqh by Darulifta-Deoband.com

بسم الله الرحمن الرحيم

(Fatwa: 1346/D-276/File-D=11/1434)

(1) Nushooz means to leave the house of husband unduly without the consent of the husband.
قال فى الدر وخارجة من بيته بغير حق وهى الناشزة حتى تعود (الدر مع الرد ج 2، ص 702)
If she left on the basis of her right i.e. she demanded her mahr and left when she was not paid or left to visit her parents on a suitable time then it shall not be called nushooz.
انه الصحيح المفتى به من انها تخرج للوالدين فى كل جمعة باذنه وبدونه الدر مع الرد ج 2، ص 721
(2) In case of nushooz she shall not be entitled to receive her maintenance expenses, but the expenses of the child shall be wajib on father.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

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