What is the ruling if the husband refuses to provide accommodation to the wife who has a right to residence?

General Chapter

Al-Mughni

Book of Waiting Periods ('Iddah)

Book 44 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the husband abstains from providing accommodation while the wife is entitled to it, the judge (*hakim*) must compel him. If the judge is unavailable, the wife may reclaim the cost from the husband. If the judge is present, there are two differing narrations regarding whether she can claim costs directly from him.

Supporting text

If the husband is present but does not prevent her from the residence, and she rents a place for herself or resides in a property she owns, she cannot claim the rent back because she undertook that expenditure voluntarily.