QUESTION:
A lady has recently been divorced. She has no children. How much maintenance does her ex-husband have to pay. She has moved back in with her parents. Does he have to pay an amount which includes rent, water, electricity, food and clothing? So far, he has given her R700 for the month. He was giving her this amount when they were married as her own monthly money.
ANSWER:
It is Waajib upon the ex-husband to maintain his divorced wife during the Iddat period, which is three menstrual cycles. He is required to provide accommodation in full, provide food and give her monthly expenses. However, the ex-wife is required to spend her Iddat at the husband’s home.
If for some reason the husband instructs or permits her to spend her Iddat at her parent’s home, then the husband will still be required to maintain her. Now, if the ex-wife’s father voluntarily accommodates her from his side during the Iddat period, without a rental agreement, then the husband will not be required to pay for accommodation. However, if the father agrees to accommodate her during the Iddat period in lieu of a fixed payment which the husband agrees to, then the husband will be liable to pay for the services, since he consented to her spending her Iddat at her father’s place.
[Re: Fataawa Uthmaaniyyah Vol:6 Pg:415, Fataawa Qaasmiyyah Vol:16 Pg:652]
المعتدة عن الطلاق تستحق النفقة والسكني كان الطلاق رجعيا او بائنا او ثلاثا حاملا كانت المرأة او لم تكن (الفتاوي الهندية ج١ ص٥٥٧)
فتجب لزوجة علي زوجها (الي قوله) ولو هي في ابيها اذا لم يطالبها الزوج بالنقلة وبه يفتي (تنوير الابصار ج٥ص٢٧٨)
للمطلقة الثلاث النفقة والسكنى ما دامت في العدة (الهداية ص290 ج2)
ALLAH TA’ALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST!
ANSWERED BY:
Maulana Ahmed Saeed
Date:- 19 Rajab 1445 / 31 January 2024
CHECKED AND APPROVED BY:
Mufti Mohammed Desai Saheb
