“The Hedâya seems to imply that a woman is not entitled to maintenance during the period of probation she observes on the death of her husband. (1 Hed. p. 407.) As the Koran, however, distinctly says, ‘Such of you as shall die and leave wives ought to bequeath to them a year’s maintenance,’ several jurists have held that a widow has a right to be maintained from the estate of her husband for a year, independently of any share she may obtain in the property left by him. This right would appertain to her whether she be a Moslemah or non-Moslemah.
“In the case of probation (iddat) observed by a woman on the death of her husband, the Sunnis calculate the period from the actual date of his decease; the Shiahs from the day on which the wife receives the news of the death.
“According to the Sunnis, the liability of the husband to maintain a pregnant wife from whom he has separated ceases at her confinement. (1 Hed. p. 360.) The Shiahs, on the other hand, hold that the liability lasts for the same period after confinement as if the woman was not enceinte. (Jâma-ush-Shattât.)
“If the husband be insane, the wife is entitled, according to the Shâfeï doctrines and the views of the compilers of the Fatâwa-i-Alamgîrî, to maintenance for the period of one year, which is fixed by the Kazi in order to discover whether the insanity is curable or not. The Mâlikîs, with whom the author of the Hedâya seems to agree, deny to the wife the right of asking for a dissolution of the marriage tie on the ground of the husband’s insanity. Among them the wife, therefore, retains the right of maintenance during the insanity of her husband, however long continued. With the Shiahs the wife is entitled to a cancellation of the marriage contract if the husband’s insanity be incurable. Should she exercise this right and dissolve the marriage, her right to maintenance ceases.
“The Mahommedan law lays down distinctly (1) that a wife is bound to live with her husband, and to follow him wherever he desires to go; (2) and that on her refusing to do so without sufficient or valid reason, the courts of justice, on a suit for restitution of conjugal rights by the husband, would order her to live with her husband.
“The wife cannot refuse to live with her husband on pretexts like the following:—
“(1.) That she wishes to live with her parents.
“(2.) That the domicil chosen by the husband is distant from the home of her father.
“(3.) That she does not wish to remain away from the place of her birth.
“(4.) That the climate of the place where the husband has established his domicil is likely to be injurious to her health.