What is the legal status of the separation decreed by the judge due to the husband's failure to provide maintenance?
General Chapter
Al-Mughni
Book of Maintenance (Nafaqāt)
Primary text
When the judge decrees separation due to the husband's failure to provide maintenance, it constitutes a complete dissolution without the possibility of recall (*raj'ah*). This is because the separation is a consequence of his refusal to fulfill an obligation owed to her, resembling the separation of a *mu'li* (one who swears not to have intercourse) if he refuses reconciliation or divorce.
Supporting text
Imam Malik holds that this separation counts as one pronouncement of divorce (*talaqah*), and the husband retains the right to take her back during her waiting period (*'iddah*) if he achieves solvency. His reasoning is that it is a separation due to his refusal to perform an obligatory duty towards her, thus paralleling the separation when a *mu'li* refuses reconciliation or divorce.