Jamiatul Ulama KZN Council of Muslim Theologians
Nasihah (Advice): Only request 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:
- Is the husband responsible for maintaining his divorced wife during the Iddah period if she requests the divorce?
- A. If the wife requests a divorce and the husband grants a Talaaq (divorce), the default rulings regarding the payment of maintenance (Nafaqah) apply as follows:
- During the Waiting Period (Iddah):
The husband is obligated to provide maintenance for the wife during the Iddah period. This includes shelter, food, clothing (if required), and other necessary expenses.
The Iddah period for a divorced woman is generally three menstrual cycles or, if she does not menstruate, three lunar months. If she is pregnant, the Iddah continues until she gives birth.
- Post-Iddah Period:
Once the Iddah period is completed, the husband’s obligation to provide maintenance to the wife ceases, as the marital relationship has ended.
- Children’s Maintenance:
The husband remains responsible for the maintenance of any children from the marriage. This responsibility continues until the children get married (for females) or become independent.
(Hindiyyah 1: 557)
And Allah Ta’ala Knows Best
Mufti Moosa Salie
Mufti Taahir Hansa
(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
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