Wednesday, November 22, 2017 - 4 Rabi' al-Awwal 1439
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My husband is about to divorce me, is he obliged to pay for my expenses after divorce?

assalamu Alikum,
I was a co-wife(second wife) for 5 years to a British brother ,he used to live in Cairo now he left ,he gains about 25,000LE per month ,he got 3 kids from first wife ,my husband divorced me twice ,now I am in the waiting period of my second divorce from him. I have a 3 years old child. 

He wants to send my child 1000LE alimony per month and said he shall not give me alimony other than the months of the waiting period which he made (1000 LE ) for me per month of the waiting period and 1000LE for my child for good.

As during marriage he used to give me 2000 LE as expenses for me and his child .I do not work ,and I pay rent, gast, etc..
After months of the waiting period, he will send us 1000 for my daughter and nothing for me.

My question is dose he owe me nafqat mot’a (which is 2 years of monthly nafqa according to Egyptian Law ). Dose he owe me the rent of flat plus the 1000 expenses. He said he divorced me because he cannot be fair between wives but actually he takes his kids 3 time out a week and travel every 6 weeks to chill.
 

Answer


It is established in Islamic law that if a wife is divorced after consummating the marriage, she is entitled alimony which is paid for two years at least according to the husband's ability. It is also permissible to pay it in installments.

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.

God 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 of her typical 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 brought before him.

-The child's custody

It is obligatory upon the husband, after divorce, to provide for the child's expenses. This is estimated according to what suffices her needs including, food, drink, residence, education and anything necessary for her life. This should be according to the father's financial ability. The same applies to providing for the mother of the child since the husband is to provide for his divorcee's residence where she stays with her child.

Related links
» What is the ruling of Islamic law if a person is uncertain whether he has divorced his wife or not?
» When does the divorce effectively take place?
» What is the legal precinct for the alimony of a divorced woman?
» The ruling for an unregistered divorce in the presence of witnesses
» Keeping contact with my former spouse is necessary. How should I deal with him?