Entitlement to Nafaqah (maintenance)
Question:-
1. If a woman doesn’t observe Purdah during her marriage, will she be eligible to receive expenses (Nafaqah)?
What if she doesn’t observe Purdah after being divorced, during her Iddat period? Will she still be eligible to receive maintenance? She also visits friends during her Iddat.
2. What if she leaves her matrimonial home and spends her Iddah period elsewhere? Will she be entitled to Nafaqah?
3. Is she permitted to leave the matrimonial home and spend her Iddat at her parents home due to falling ill or weakness?
4. If the ex-husband is away, will she be permitted to leave her home to attend to daily needs? She does have friends frequently visiting her.
Answer:-
If a wife (during the subsistence of the marriage), remains at her husband’s home but doesn’t observe Purdah, or she visits friends without his permission, then she will be considered sinful for doing so, but she will be entitled to Nafaqah as she is still his wife.
Similarly, after the divorce, as long as she spends her Iddat at her husband’s house, she will be entitled to Nafaqah even though she doesn’t observe Shari’ee Purdah. As for visiting friends during her Iddat, she is not permitted to leave the matrimonial home during this period.
اگر شوہر کے مکان پر ہے ، اور بد زبانی کرتی ہے ، کہنا نہیں مانتی تو گنہگار ہے لیکن نفقہ شوہر کے ذمہ واجب ہے – محمودیہ ص۱۲۹ ج۲۰
بیوی اگر گناہ کبیرہ کی مرتکب اور فاجرہ ہو تو تب بھی شوہر کے ذمہ اسکو طلاق دینا واجب نہیں محض مستحب ہے ، جب کے طلاق دینا واجب نہیں ، رکھنا درست ہے ، تو اسکا نفقہ واجبہ ادا کرنا بھی لازم ہوگا فتاوی محمودیہ ص۱۳۰ ج۲۰
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If, against her husband’s will, she spends her Iddat elsewhere, by leaving the matrimonial home where she was supposed to be observing her Iddat (without a valid Shari’ee reason), then she will be considered as Naashizah (disobedient) and will not be entitled to Nafaqah.
لَا نَفَقَةَ لِأَحَدِ عَشْرَ : …وَ خَارِجَةٌ مِنْ بَيْتِهِ بِغَيْرِ حَقٍّ وَهِيَ النَّاشِزَةُ حَتَّى تَعُودَ (الدر المحتار ص286 ج5)
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Falling ill is not a valid reason for the divorced wife to leave the matrimonial home during her Iddat, since treatment may be administered within the confines of her home. Similarly, if she requires any form of assistance due to weakness, then this too can be arranged while serving her Iddat within the confines of her matrimonial home. As this is not a valid reason, if she leaves the matrimonial home to go and stay with her parents (without the husband’s consent), she will not be entitled to Nafaqah until such a stage that she returns to the common matrimonial home.
الْمُعْتَدَّةُ إذَا خَرَجَتْ من بَيْتِ الْعِدَّةِ تَسْقُطُ نَفَقَتُهَا ما دَامَتْ على النُّشُوزِ فَإِنْ عَادَتْ إلَى بَيْتِ الزَّوْجِ كان لها النَّفَقَةُ وَالسُّكْنَى ثُمَّ الْخُرُوجُ عن بَيْتِ الْعِدَّةِ على سَبِيلِ الدَّوَامِ ليس بِشَرْطٍ لِسُقُوطِ نَفَقَتِهَا فَإِنَّهَا إذَا خَرَجَتْ زَمَانًا وَسَكَنَتْ زَمَانًا لَا تَسْتَحِقُّ النَّفَقَة (البحر الرائق ص199 ج4)
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If the day to day needs (of the woman serving her Iddat) is available within the home, then she will not be permitted to leave the home whilst her husband is away. It is necessary upon her to spend her Iddat in the matrimonial home. Also, her family and friends would be visiting her regularly (as mentioned in the query), hence, if she has any requirement in his absence, then such people can assist in fulfilling her needs.