Is the wife recalcitrant (nashiza) if the husband took her to her father’s house?
Question
Question: If a woman of society (?) who is worn out by her husband’s oppression and cruelty keeps refusing to come to her husband’s house until she receives some satisfactory answer from the husband, does she have the status of a recalcitrant wife (nashiza)?
Answer
In those cases in which the husband himself took her to her parents’ home, she is not recalcitrant and is entitled to maintenance. And if she went without the husband’s permission and did not stay even when the husband held her back, then she is recalcitrant. If the husband compels her to sin (ma‘siya)
Source: Fatawa Mahmudiyya
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