What is the wife's recourse if the husband withholds due maintenance or clothing?

General Chapter

Al-Mughni

Book of Maintenance (Nafaqāt)

Book 46 · Issue 6 · Bab 1

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Primary text

If the husband prevents his wife from receiving her due maintenance or clothing, or provides less than sufficient support, and the wife has access to the husband's wealth, she may take the amount she needs, or the full amount due, whether with or without his explicit permission. This ruling is derived from the Prophet's command to Hind, who complained of her miserly husband: 'Take what suffices you and your children according to what is just (bil-Ma'ruf).' This permits her to take the full amount required based on her best judgment, especially since maintenance is constantly needed and requiring a legal ruling every time would be excessively difficult. Furthermore, the wife's maintenance obligation may lapse if the time period passes without her claiming it, unlike a debt, thus necessitating immediate action to prevent her harm.