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When a Couple Divorce: Support and Maintenance

Answered by Shaykh Ilyas Patel, Keighley, UK

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QUESTION: One Christian said that when she read the translation of the Quran it was written there that when a woman who divorces her husband gets no money (or something similar). So how is it? What are the rulings about the money when a couple divorces?


In the name of Allah, the inspirer of truth.

All praise is to Allah, Most Merciful and Compassionate, and all blessings and peace to our Master Muhammad, his family, companions, and those who follow them.

1. Abd al-Ghani al-Maydani, a top student of Ibn Abidin’s, said in his commentary on Imam Quduri’s Kitab:

“It is not permissible for a woman who has been given a revocable divorce (talaq raj'i) or irrevocable divorce (talaq ba'in) to go out from her house during the day or night, because her maintenance is compulsory on her husband. ” (Maydani, Al-Lubab Sharhu'l-Quduri,2.205)

2. The woman who has been issued with a divorce also has the right to food, clothing and shelter until the end of her idda (waiting period) .

3. However, the woman whose husband has passed away does not have the right to claim for food, clothing and shelter (f: because her husband’s property now belongs to his inheritors, not him). Obviously, however, she will be entitled to a share of the inheritance.

4. If the marriage is broken due to some reason caused by the wife, she will not be entitled to food or clothing while she is in her idda. She will be entitled to receive a shelter. Examples of marriage being broken because of the wife:

· she engages in adultery and the husband therefore divorces her

· she becomes a kafir and turns away from Islam

5. However, if the wife decides to leave on her own and not take the advantage of the right to shelter, she may leave and thereby forfeit this right. [Tahanawi, Heavenly Ornaments, 1.484]

And Allah knows best.

Walaikum assalam,
Ilyas Patel.

[Source: SunniPath]


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