Is the inability to secure maintenance from an absent, solvent husband equivalent to insolvency (I'sar) regarding the permissibility of marital dissolution?
General Chapter
Al-Mughni
Book of Maintenance (Nafaqāt)
Primary text
The situation where maintenance cannot be obtained from the husband's concealed assets is superior in deserving dissolution compared to mere insolvency. Since dissolution is permitted for the excused (the insolvent), it is more fitting for this case. The impediment to maintenance from his property creates a situation where dissolution is permissible, and this condition is no different whether the husband is insolvent or solvent but obstructing payment, similar to sales where dissolution is allowed whether the buyer is insolvent or merely evades payment. The basis for dissolution in insolvency is the resulting inability to provide maintenance; if he were to borrow funds or receive a gift for maintenance, the wife would not have the right to dissolution.