Is a wife's seclusion (i'tikaf) in the mosque without her husband's permission considered abandonment (nushuz)?

Chapter on the Condition in which Maintenance is Obligatory on the Husband

Al-Mughni

Book of Maintenance (Nafaqāt)

Book 46 · Issue 1 · Bab 2

Open in Qurani

Primary text

If a wife observes I'tikaf without the husband's permission, she is considered abandoning her marital duties (nashiz) because she left her husband's home without authorization for an act not originally obligatory by divine law. If the I'tikaf was with his permission, the ruling regarding her maintenance (nafaqa) differs. According to the opinion of Al-Kharaqi, she has no right to maintenance. The ruling is supported by the analogy that her I'tikaf is like her journey (safar) regarding the lack of permission.

Supporting text

Al-Qadi holds that she retains the right to maintenance even if she fasts during Ramadan, as Ramadan fasting is an obligatory, time-constrained duty established by divine law, which the husband cannot prevent her from observing, similar to prayer. Furthermore, since the husband would also be fasting with her, the inability to enjoy marital relations is due to a circumstance inherent in the act itself, not her willful obstruction.