Legal rights when a spouse abandons the marital home: What you need to know

A Muslim husband seeks legal guidance after his wife leaves the home and children

Last updated: May 22, 2025 | 06:20

Mohammad Ebrahim Al Shaiba

2 MIN READ

A wife forfeits her right to alimony if she leaves the marital home without a legitimate reason and refuses to return

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Question – A reader asks:
I am a Muslim man married to a Muslim woman, and we have two children, a 4-year-old boy and a 5-year-old girl. Three months ago, my wife left the marital home without explanation and left our children in my care. I made several attempts to reconcile and bring her back, but she refused. My questions are:

What legal action can I take under Sharia law in this situation?
Am I obligated to continue paying her alimony under these circumstances?
Do I have grounds to file a case to revoke her custody rights due to her abandonment?

Answer:
In response to your inquiries, the following legal points should be considered:

Legal Action: You may file a case before the competent court requesting that your wife return to the marital home. This is typically referred to as a “return to obedience” case.
Alimony Obligation: Based on Article 103 of Federal Decree-Law No. (41) of 2024 on the Issuance of the Personal Status Law, a wife forfeits her right to alimony if she leaves the marital home without a legitimate reason and refuses to return. The law clearly states that a wife’s right to alimony is extinguished if she denies herself to her husband, refuses to move into or reside in the marital home, or refuses to travel with him, without a valid excuse.
Custody Considerations: The mere act of leaving the marital home is not, by itself, sufficient grounds for revoking a mother’s custody. As per Article 120 of the same law, a mother’s right to custody remains intact even if she leaves the home due to a dispute or other reasons—unless the court determines that it is in the best interest of the children to transfer custody.
You may pursue legal action to request your wife’s return and may be entitled to withhold alimony if she left without justification. However, the matter of custody will ultimately depend on the court’s assessment of the children's best interests. It is advisable to consult with a family law attorney to guide you through the legal process and ensure your rights and those of your children are protected.