When is a husband obligated to provide maintenance (nafaqa) for his wife?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
If the wife is prevented from fulfilling the marital relationship due to her young age, such that consummation is not possible, and the guardian requests custody and maintenance for her, the husband is not obligated to provide maintenance. This is because maintenance is in exchange for the enjoyment (istimta') she provides, and thus it ceases if she exhibits disobedience (nushuz). Since he cannot enjoy her, maintenance is not due.
Supporting text
If the wife is of marriageable age and refuses herself to her husband, or if her guardians prevent her from him, she is not entitled to maintenance because she is considered similar to one who exhibits disobedience (nashiz) by failing to deliver what is due from her; consequently, the reciprocal obligation of maintenance is suspended.