Fatwa No : 84339
The ruling on marrying an adulterous woman and on the maintenance of a disobedient wife.

The ruling on marrying an adulterous woman and on the maintenance of a disobedient wife.

Respected Esteemed Muftis, what is your ruling regarding the following issues:
1. An unmarried woman was carrying a one-month-old fetus in her womb, which was aborted through medication. The fetus remained in her womb for three months, and during this period she entered into marriage. After the marriage, the fetus was removed from her womb. Is this marriage valid or not?
2. If a husband instructs his wife not to visit certain homes, yet she repeatedly goes there, spending one or two months in those homes and not returning to her husband’s home, what is the ruling in this case?
3. If a woman spends three or four months in her husband’s home, but eight months in her brother-in-law’s home, and then spends one year and three months in her father’s home, what is the ruling for such a case? Is her maintenance still obligatory upon her husband?

الجوابُ حامِدا ًو مُصلیِّا ً

In the case under discussion, the marriage of the woman mentioned has been validly contracted according to Shariah.
(2 & 3) It is absolutely wrong and impermissible for the woman to spend such long periods at her parental home or her brother-in-law’s home without her husband’s permission and without any valid reason. This must be strictly avoided. She is obliged to immediately abstain from this behaviour, refrain from destroying her own harmonious home, seek her husband’s forgiveness for the disobedience committed thus far, and firmly resolve to avoid such disobedience in the future.
Furthermore, if the wife goes to her parental home without her husband’s permission, the husband is not obligated to provide her maintenance until she returns, and she has no right to claim it for that period.

مأخَذُ الفَتوی

ففي الدر المختار: (و) صح نكاح (حبلى من زنى لا) حبلى (من غيره) أي الزنى لثبوت نسبه (إلی قوله) (وإن حرم وطؤها) ودواعيه (حتى تضع) متصل بالمسألة الأولى لئلا يسقي ماءه زرع غيره اھ (3/ 48)۔
و في الفتاوى الهندية: وإن نشزت فلا نفقة لها حتى تعود إلى منزله والناشزة هي الخارجة عن منزل زوجها المانعة نفسها منه اھ (1/ 545)۔