Is judicial decree required for dissolving marriage due to failure to provide maintenance (Nafaqah)?

General Chapter

Al-Mughni

Book of Maintenance (Nafaqāt)

Book 46 · Issue 1 · Bab 1

Open in Qurani

Primary text

Dissolution of marriage due to non-provision of maintenance requires a ruling from the judge (*hukm al-hakim*). This is because it is a dissolution (*faskh*) over which there is disagreement, thus necessitating the judge's intervention, similar to dissolution due to *'inan* (a specific defect). Furthermore, the husband may not unilaterally initiate the separation unless the wife requests it, as the right belongs to her, and it cannot be enacted without her demand, analogous to dissolution due to *'inan*.

Supporting text

When the judge separates them, the separation is absolute (*faskh*) with no possibility of reconciliation. This view is held by Al-Shafi'i and Ibn al-Mundhir.