Monday, November 20, 2017 - 1 Rabi' al-Awwal 1439

Subscribe to our mail list

Home » Fatwas » Society & Family » Divorce

I am getting a divorce from my husband, what are my financial rights?

I am getting a divorce from my husband, what are my financial rights?

Answer

A divorcée is entitled to the following:

Mahr

It is established in Islamic law that a divorced woman is entitled to receive her entire mahr [dowry] if the marriage was consummated; the mahr includes mu`akhar al-sadaq [the deferred portion of the mahr]. If her mahr was not indicated, then she is to take the amount typically received as mahr by similar brides.

Waiting period expenses

These are the expenses owed to a divorcée during her waiting period and include all kinds of expenses 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 which is 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.

Alimony

A divorcée is entitled to receive alimony provided she is not the one who initiates divorce such as in such as khul' [divorce initiated by the wife in return for remuneration to the husband] or ibraa (when a wife waives all her financial rights in return for obtaining a divorce). It is prohibited for a husband to mistreat his wife intentionally to push her to ask for divorce and waive all her rights as per the words of God the Almighty: “And do not make difficulties for them in order to take [back] part of what you gave them” [4: 19].

The munificent Islamic law has made the estimation of the sum of alimony dependent upon the common practice [of the country] and on the husband's financial capability. God the 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” [2: 236] and “Divorced women shall also have such maintenance as is considered fair: this is a duty for those who are mindful of God” [2: 241].
This is the ruling implemented by Egyptian courts. The sum takes into consideration the prosperity or poverty of the husband and is estimated by the judge according to what he sees suitable for the case brought before him.

This ruling applies when divorce is without the wife’s consent or she is not its cause. But if a woman asks for divorce without suffering any harm from her husband, she is to do either of the following:
- File for khul' in which case she is to return to her husband the entire sum of mahr and mu`akhar. She is not entitled to it if she did not receive it in the first place.
- The couples decides to settle out of the court in which case rights are granted according to mutual agreement between them.
God the Almighty knows best.
 

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?