What is the maintenance (Nafaqah) obligation for a wife whose missing husband (Mفقود) has an unclear status if she chooses patience and waiting?
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
Primary text
The wife is entitled to maintenance from the husband's wealth as long as he is presumed alive. This is because she remains legally considered his wife. If it is later established that he was alive and returns, the matter is settled. If it is established he died or divorced her, she is entitled to maintenance up to the day of his death or the final separation, and any overpayment must be reclaimed from her, as she was spending the wealth of another or spending the wealth while not legally his wife.