Hawzah News Agency – A wife neither obeys her husband nor fulfills her marital duties; she also goes out without his permission to stay with her own family for seven months. Then instead of having recourse to Islamic laws, she goes to a non-Islamic court in order to get spousal maintenance, custody of the children, and divorce from her husband. Does such a wife have the right in getting anything from her husband? In such a situation, when she goes to non-Islamic court it will apply non-Islamic laws to grant her divorce and her rights (spousal support and custody of children), does she deserve her full spousal rights?
Answer: The wife mentioned above does not deserve the spousal maintenance from a shari’a point of view. But her mahr (dowry) and her right of custody of children (under the age of two) should not be suspended because of her disobedience.
Source: https://www.sistani.org/
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