Thursday, November 23, 2017 - 5 Rabi' al-Awwal 1439
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Alimony and the waiting period expenses

My son has been married since 2002. The impossibility of continuing marital life is evident to both my son, his wife and the families of both and the two parties have agreed to divorce. Their agreement was based on the fact that my son will pay his wife the deferred bridal gift which was documented in the marriage contract and all the household furnishings listed in the registry of furniture. My son is 35 years old and his wife is 27. Kindly inform us of the legal ruling of the following:

1. The waiting period expenses (its amount and duration).
2. Alimony (its amount and duration).

Answer


The munificent Shari'ah made the estimation of the sum of alimony dependent upon the common practice [of the country] and on the husband's financial capability.Allah Almighty says,
But make fair provision for them, the rich according to his means and the poor according to his—this is a duty for those who do good. [Al-Baqarah, 236]
Divorced women shall also have such maintenance as is considered fair: this is a duty for those who are mindful of God. [Al-Baqarah, 241]

Alimony and conventional law

Article 18 of statute no. 25 for the year 1929, which was modified by law no. 100 for the year 1985 includes:

A divorcée whose valid marriage has been consummated, and whose husband has divorced her without her consent and where she is not its cause, deserves — in addition to her waiting period expenses —alimony equal to at least two years expenses. The sum takes into consideration the prosperity or poverty of the husband, the circumstances of the divorce, and the duration of the marriage. It may be paid in installments.

The sum is estimated by the judge according to what he sees suitable for the case before him.

Waiting period expenses

These are the obligatory expenses owed to the divorcée during her waiting period; they include all kinds of expenses that a wife is entitled to during her marriage. The judge's decision is based upon the wife's assertion on the duration of her waiting period provided it does not exceed one year from the date of divorce. This is the procedure followed by Egyptian law based on the preponderant opinion of scholars. The sum is determined by the judge according to what he sees suitable to the case before him.

If the couple decides to settle out of court, then they are to agree upon the sums of both alimony and the waiting period expenses. The prevailing practice in regard to alimony is that the husband pays a quarter of his salary for two years. The duration of the waiting period expenses ranges between three months to one year depending upon the occurrence of the woman's menstrual cycle and on the husband's financial status
as mentioned earlier.

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» The waiting period of a menopausal woman
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» Proposing to a woman during her waiting period
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