What recourse does a wife have if the husband refuses to provide maintenance despite being wealthy?
General Chapter
Al-Mughni
Book of Maintenance (Nafaqāt)
Primary text
If the wife can locate his wealth, she takes what is sufficient for her needs, and she has no right to dissolution; this is based on the Prophet's command to Hind to take what suffices her without granting her the option of dissolution. If she cannot locate his wealth, she refers the matter to the judge, who commands the husband to provide maintenance and compels him. If he refuses, he is imprisoned. If he remains steadfast in imprisonment, the judge takes the maintenance from his wealth, selling his movable assets or real estate if necessary. This is the view of Malik, Al-Shafi'i, Abu Yusuf, Muhammad, and Abu Thawr.
Supporting text
Abu Hanifa holds that maintenance must be taken from the husband's cash (dinars and dirhams), and his non-monetary assets should not be sold without his consent or the consent of his guardian, as there is no guardianship over a sane adult. The proof for the majority is the Prophet's statement to Hind to 'Take what suffices you,' without making a distinction, and because it is his property from which maintenance must be taken, just like cash, and the judge has authority over him when he refuses, evidenced by his authority over his cash.