Wednesday, November 22, 2017 - 4 Rabi' al-Awwal 1439
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What is the legal precinct for the alimony of a divorced woman?

What is the legal precinct for the alimony of a divorced woman?

Answer

Laws effective in Islamic courts are in their entirety derived from Islamic legal texts as well as the four juristic schools. A woman who is in her idda [waiting period] after the effectuation of a talaq raj'i [revocable divorce] or a talaq ba`in [irrevocable divorce] is entitled to receive alimony during this period. This is unanimous opinion of the four schools of jurisprudence.

In a talaq raj’i, a divorcée enjoys the status of a wife whereas, in a talaq ba`in, a pregnant woman is entitled to alimony as stipulated in the Quran: “And if they are pregnant, then maintain them until they deliver”[65: 6].

A non-pregnant woman whose marriage was terminated through talaq ba`in, must be provided for by (the husband) during her idda as mentioned in the Quranic verse: “Let the affluent man expend out of his affluence. And let he whose provision has been straitened for him, expend of what God has given him. God does not charge any soul save except with what He has given it. God will assuredly bring about ease after hardship “[65: 7].

Therefore, a husband is obligated to financially support his spouse during her idda whether she is divorced or separated by court order.
And 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?
» 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?
» Is it permissible for a divorced woman to entertain new marriage proposals during her post-divorce waiting period?