“It makes no difference in the husband’s liability to maintain the wife whether he be in health or suffering from illness, whether he be a prisoner of war or undergoing punishment, ‘justly or unjustly,’ for some crime, whether he be absent from home on pleasure or business, or gone on a pilgrimage. (1 Fatâwa-i-Alamgîrî, p. 733.) In fact, as long as the status of marriage subsists, and as long as the wife is subject to the marital power, so long she is entitled to maintenance from him. Nor does she lose her right by being afflicted with any disease. (1 Fatâwa-i-Alamgîrî, p. 734; Jâma-ush-Shattât.)
“When the husband has left the place of the conjugal domicil without making any arrangement for his wife’s support, the Kazi is authorised by law to make an order that her maintenance shall be paid out of any fund or property which the husband may have left in deposit or in trust, or invested in any trade or business. (1 Fatâwa-i-Alamgîrî, p. 750.)
“A wife may contract debts for her support during the husband’s absence, and if such debts are legitimate, contracted bonâ fide for her support, the creditors have a “right of recovery” against the husband. (Nail-ul-Marâm.) In the same way, if the husband be unable for the time being to maintain his wife, ‘it would not form a cause for separation,’ says the Hedayah, ‘but the magistrate may direct the woman to pledge her husband’s credit and procure necessaries for herself, the husband remaining liable for the debts.’ (1 Hed., Eng. Trans., p. 297.)
“When the husband is absent and has left real property either in the possession of his wife or of some other person on her behalf, the wife is not entitled to sell it for her support, though she may raise a temporary loan on it, which the husband will be bound to discharge, provided the mortgage was created bonâ fide for her or her children’s support, and did not go beyond the actual necessity of the case. Under such circumstances the mortgagee is bound to satisfy himself that the money advanced is applied legitimately to the support of the family of the absent husband. (1 Fatâwa-i-Alamgîrî, p. 737.)
“When the woman abandons the conjugal domicil without any valid reason, she is not entitled to maintenance. (1 Fatâwa-i-Alamgîrî, p. 733; Fusûl-i-Imâdiyah; Jâma-ush-Shattât.) Simple refractoriness, as has been popularly supposed, does not lead to a forfeiture of her right. If she live in the house but do not obey the husband’s wishes, she would not lose her right to her proper maintenance. If she leave the house against his will without any valid reason, she would lose her right, but would recover it on her return to the conjugal domicil. (Fatâwa-i-Alamgîrî; Jâma-ush-Shattât; Kitâb-min lâ-Euhazzar al-Fakîh.)
“What is a valid and sufficient reason for the abandonment of the conjugal domicil is a matter for the discretion of the Kazi or judge. As a general principle and one which has been adopted and enforced by the Kazis’ mahkamas in Algeria, a wife who leaves her husband’s house on account of his or his relations’ continued ill-treatment of her, does not come within the category of nâshizah and continues entitled to her maintenance.
“A woman who is imprisoned for some offence, or is undergoing incarceration in the civil jail for non-payment of a debt, or who goes on a voyage or pilgrimage without her husband’s consent, has no right to claim any maintenance during her absence. (1 Fatâwa-i-Alamgîrî, p. 734.)
“Among the Shiahs, if she goes on an obligatory pilgrimage, even without her husband’s consent, she is nevertheless entitled to maintenance.
“The husband’s liability to support the wife continues during the whole period of probation, if the separation has been caused by any conduct of his, or has taken place in exercise of a right possessed by her. The husband would not, however, be liable to support the wife during the iddat, if the separation is caused by her misconduct. (Fatâwa-i-Alamgîrî, p. 746; Jâma-ush-Shattât; 1 Fatâwa-i-Kâzi Khân, p. 481.)
“If she is pregnant at the time of separation her right remains intact until she is confined of the child.