A woman’s right to maintenance after the completion of her `iddah.
24 Aug 2011 07:14 GMT
When a divorced woman has completed her waiting period, she is free to marry someone else. Does her former husband have any obligation towards her at this time?

Answered by

Sheikh Nâyif al-Hamad, presiding judge at Rimâh District Court

Once a divorced woman has completed her period of waiting (`iddah), she becomes unlawful for her former husband. She may choose to remarry him with a new contract and a new dowry or she may choose to marry someone else.

Among the rights that she has at the termination of her waiting period are the following:

1. She has the right to a payment of compensation (mut`ah). Allah says: “And for the divorced women provision must be made according to usage; (this is) a duty on those who guard against evil.” [Sûrah al-Baqarah: 241]

When Hafs b. al-Mughîrah divorced his wife Fâtimah, she took her case to the Prophet (peace be upon him). He said to her husband: “You must provide for her.”

Her husband replied: “I do not have anything to give her as a provision.”

The Prophet (peace be upon him) said: “There must be a provision. Give her a provision, if it but be a half sâ` of dates.” [Sunan al-Bayhaqî (7/257)]

There were a number of scholars who have ruled that this provision is a categorical right of divorced women. Among them were al-Bukhârî, Ibn Jarîr al-Tabarî, Ibn Taymiyah, and Ibn Hajar al`Asqalânî. It was also one of the opinions that have been related from Ahmad b. Hanbal and the opinion of al-Shâfi`î in his new school of thought.

The amount of this provision is determined in consideration of the man’s means. Allah says: “And make provision for them, the wealthy according to his means and the straitened in circumstances according to his means, a provision according to usage; a duty upon those who do good.” [Sûrah al-Baqarah: 236]

2. If the divorced woman is nursing the man’s child, then she has the right to demand payment from him for nursing. Allah says: “Then, if they nurse (your offspring) for you, give them their due payment and consult together according to what is just and reasonable. And if you find yourselves in difficulties, let another woman suckle (the child) on the (father's) behalf.” [Sûrah al-Talâq: 6]

3. If the man has children from her and they are under her care, then she has the right to be paid a compensatory salary for giving that care.

4. She also has the right to child support that covers the children’s needs, including their housing, medical care, and all other expenses or which the father is liable.

And Allah knows best.

Source: Islam Today

-- Al Arabiya Digital

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