Maintenence During Iddah

QUESTION:

A lady has recently been divorced and she has no children. He has thrown her out of the marital home, so she has moved in with her mother. Does he have to pay maintewhich includes rent, water, electricity, food and clothing?

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 her to spend her Iddat at her parent’s home, or removes her from his own house which compels her to go to her parent’s home, then the husband will still be required to maintain her.

Now, if the ex-wife’s mother 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 mother 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 removed her from his own house, which compelled the ex-wife to spend Iddat at her mother’s place.

[Re: Fataawa Uthmaaniyyah Vol:6 Pg:415, Fataawa Qaasmiyyah Vol:16 Pg:663]

المعتدة عن الطلاق تستحق النفقة والسكني كان الطلاق رجعيا او بائنا او ثلاثا حاملا كانت المرأة او لم تكن

(الفتاوي الهندية 1/557)

فتجب لزوجة علي زوجها (الي قوله) ولو هي في ابيها اذا لم يطالبها الزوج بالنقلة وبه يفتي (تنوير الابصار 5/278)

للمطلقة الثلاث النفقة والسكنى ما دامت في العدة

(الهداية 2/290)

ALLAH TA’ALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST!

ANSWERED BY:

Mufti Abdul Kader Fazlani

Date: 01 Muharram 1447 / 27 June 2025

CHECKED AND APPROVED BY:

Mufti Yacoob Vally Saheb