Tuesday, November 24, 2009

The wife can lose the right to maintenance for numerous reasons:

The wife can lose the right to maintenance for numerous reasons:

When he has no access to her she loses her right to maintenance because he has lost the opportunity to have pleasurable relations; and maintenance is only obligatory when this option is available.

When she is disobedient to him she loses her right to maintenance. Noshooz is when the wife  disobeys her husband in something that is compulsory, like if she refused to have relations with him, if she refused to move with him to a suitable accommodation or if she leaves the house without permission. Under such circumstances she has no right to maintenance because she is considered rebellious and he is unable to have pleasurable relations with her; and maintenance is only obligatory when this option is available.

When she travels for her own personal needs she loses her right to maintenance because she has prevented him from having access to her and this is not for any reason that involves him. So she loses the right to maintenance.

Page: 72 of Book: The Structure of the Muslim Family of Shaykh Muhammad Amman ibn Ali al-Jaami.

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