Not husband's duty to provide for rebellious wife
24-8-2014 | IslamWeb
Question:
hello sir.. i am a muslim living in india.. and as the world have gone cruel and is destroying marriage constitution everywhere.. i have this question. In inida you cannot divorce according to The Muslim law or quran and hadees. However if your wife is not cruel to you.. she may allow you to divorce under muslim law in which you will pay her maintenance for one year ( according to Qur'an and hadees ) Now if your wife is cruel to you and she dose not allow you to divorce or just leave you for no reason when you are good to her and the indian law (which is contradicting muslim rules of divorce) says you to pay your wife alimony and maintenance till she gets re-married.. so is it a sin on the part of the girl to take the money of the innocent husband as he pays his ex wife and cannot marry again as the amount is 1/3rd of his total income. so there is no way he can get married untill she gets married. what should be done under such cases.. i dont want to loose my money when i am not at fault for divorce. Accoring to quran ill pay her for 1 year but indian laws says something different .. so if i pay her money.. is it sin on her part and will i be rewarded in islam .. as i am marrying for islam
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and messenger.
It is permissible for a husband to divorce his wife if she becomes Naashiz (rebellious/recalcitrant) and this does not depend on her permission. Rather, he is permitted to divorce her for no reason, but in this case, it is disliked, and some scholars considered it prohibited as underlined in Fatwa divorced their wives">104995. In any case, it does not depend on her permission as we have mentioned. Indeed, it is not permissible to attribute to the Sharee‘ah what does not belong to it.
We have already clarified the rights of a divorced woman with all its types in Fataawa 83934, 86603, 139694 and 88233, so please refer to them.
The rights of a divorced woman do not include the husband being obliged to provide maintenance for his wife for one year. This has no foundation in the Sharee‘ah. Indeed, it is not permissible for a wife to take this money – even if the law permits it – unless the husband pays it willingly. The Prophet said: “The money of a Muslim is not lawful (for anyone else to take it from him) unless he gives it with his own proper consent.” [Ahmad]
He would be rewarded for doing so, Allaah willing, because it is an act of goodness, and Allaah does not cause the reward of the good doers to be lost.
In case the husband pays to his wife what the secular court imposes on him by force, and he is patient with this, it is hoped that this will be an expiation for his sins and an elevation of his degrees.
In any case, there is no consideration for the laws which are not in conformity with the Sharee‘ah as stated in Fatwa 126540. Rather, it is not permissible to refer a case to such courts which do not abide by the Sharee‘ah. Instead, a Muslim should resort to competent authorities who are specialized at addressing the affairs of the Muslims, such as Islamic centers and Islamic organizations and institutions.
Finally, it is not permissible for a wife to ask for divorce without a legitimate reason, or leave her husband's home without a valid reason; and if she does so, she is sinful and Naashiz, in which case the husband is entitled to discipline her and even refrain from providing maintenance for her until she is obedient.
Allaah Knows best.