Maintenance of a recalcitrant wife (nashiza) and the right of custody (hadana)

Question

Question: If a wife, having committed the following acts against her husband, has caused him grief, sorrow and distress: (1) The husband calls her at night: “In the morning I am leaving on a journey; come, hear something and go.” Her mother replied that she had fallen asleep. Then in the morning he sent for her, and she did not come. The husband left in anger, but she paid no heed at all; a long time passed, yet she did not even ask after his well-being, whether Zayd was alive or dead. (2)

Answer

These acts of the wife are extremely blameworthy and deserve censure according to the Shari‘a. When the husband calls her and wishes to fulfil his need for intercourse, the wife is bound to obey him; if there is an excuse such as menstruation (hayd)

Source: Fatawa Mahmudiyya

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