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Is the husband responsible to maintain her wife who spends her Iddah at her parents home?

Nasihah (Advice): Only request a Talaaq for a valid reason

 

Sayyiduna Thawbaan Radiyallahu anhu reported that Rasulullah sallahu alaihi wa sallam said, “Any woman who asks her husband for a divorce without a valid reason, the fragrance of Paradise becomes forbidden for her.” (Sunan Abi Dawud)

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Question and Answer:

 

  1. If a woman makes her own decision to spend her Iddah period at her parents’ home, is the husband responsible to maintain her at her parents’ home?

 

(Question published as received)

 

  1. In the case of a divorce, the wife must spend her Iddah period at the marital home unless a valid reason prevents her from doing so. During the Iddah period, the husband remains responsible to provide maintenance for the wife.

 

However, if the wife leaves the marital home of her own accord to stay at her parents’ home, the husband will no longer be responsible for the maintenance of the wife. (Baadai-us-Sanaai’ 3/210)

 

And Allah Ta’ala Knows Best

 

Mufti Ismaeel Bassa

Mufti Moosa Salie

 

(The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh unless otherwise stated.) 

 

Fatwa Department
Jamiatul Ulama (KZN) 

Council of Muslim Theologians
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Durban, South Africa
Tel : +27 (0) 31 2077099

Email: fatwa@jamiat.org.za
Fax : +27(0) 31 2074163
Website : www.jamiat.org.za

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