Must a wife be given a grace period before seeking separation due to the husband's inability to provide maintenance?

General Chapter

Al-Mughni

Book of Maintenance (Nafaqāt)

Book 46 · Issue 10 · Bab 1

Open in Qurani

Primary text

If the husband's inability to provide sustenance is established without qualification, the wife has the right to demand dissolution of the marriage without any delay. This is one of the two established positions of Al-Shafi'i. The reasoning is that the basis for dissolution, indigence, has been met, and since the Lawgiver did not specify a waiting period for this reason, dissolution should take effect immediately, similar to a defect (Ayb). The reason dissolution is established for inability to perform sexual intercourse, which involves less harm (loss of pleasure/desire that the body can withstand without), should logically apply even more strongly to the inability to provide maintenance, upon which the body depends.

Supporting text

Hammad ibn Abi Sulayman stipulated a one-year waiting period, drawing an analogy to the case of impotence (inability to perform intercourse). Umar ibn Abd al-Aziz stipulated a month or two. Malik stated one month or similar. Al-Shafi'i's other opinion sets a three-day limit as it is considered close (to the event).