I am getting a divorce from my husb...

Egypt's Dar Al-Ifta

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


Dear Sirs,
I have been married for a year now and my husband divorced me once in a moment of anger and then we returned. Now we are seeking divorce again. My question is regarding what's our right at divorce, the wedding gift (shabka), the normal gifts and El-Mahr.. what is he entilted for and what is mine.
Thank you for your help


A divorcee is entitled to the following:


It is established in Islamic law [Shari'ah] that divorced woman is entitled to receive her entire dowry [mahr] if marriage has been consummated. This includes the deferred marital payment [mu'akhar Al-Sadaq]. If her mahr has not been previously indicated, then she is to receive mahr offered to her like of divorced women.

-Waiting period expenses

These are the 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 and on the condition that 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.


A divorcée is entitled to receive alimony provided she was not the one who asked for divorce or she was its cause such as Khul' or Ibraa' (i.e. to waive all her financial rights in return for obtaining divorce). It is prohibited for the husband to mistreat his wife intentionally to push her to ask for divorce and waiving 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. (An-Nisa': 19).

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).
This is the ruling implanted 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 applies when divorce was without the consent of the woman or she was not its cause. On the contrary, if the woman asked for divorce without suffering any harm from her husband, she is either to do the following:
- She is to file for Khul', in which case she is to return him the entire mahr and mu'akhr. She is not entitled to it if he did not receive it in the first place, or
- The spouses agree on divorce without a need to the court, in which case rights are granted according to mutual agreement between them.
God Almighty knows best.

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