Jamiat KZNJamiatul Ulama KZN

Ruling regarding maintenance if the wife requests divorce

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*Islamic RulingsDivorce (Talaaq)Family MattersFatwaFemale IssuesFiqh

Question

Is the husband responsible for maintaining his divorced wife during the Iddah period if she requests the divorce?

Answer

If the wife requests a divorce and the husband grants a Talaaq (divorce), the default rulings regarding the payment of maintenance (Nafaqah) apply as follows:

During the Waiting Period (Iddah):

The husband is obligated to provide maintenance for the wife during the Iddah period. This includes shelter, food, clothing (if required), and other necessary expenses.

The Iddah period for a divorced woman is generally three menstrual cycles or, if she does not menstruate, three lunar months. If she is pregnant, the Iddah continues until she gives birth.

Post-Iddah Period:

Once the Iddah period is completed, the husband’s obligation to provide maintenance to the wife ceases, as the marital relationship has ended.

Children’s Maintenance:

The husband remains responsible for the maintenance of any children from the marriage. This responsibility continues until the children get married (for females) or become independent.

(Hindiyyah 1: 557)

And Allah Ta’ala Knows Best

Answered by
Mufti Moosa Salie, Mufti Taahir Hansa
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