Is it Permissible for a Divorced Wife to Seek Spousal Support? – Mawlana Ilyas Patel
Hanafi Fiqh
Answered by Mawlana Ilyas Patel
Question
As my husband divorces me and I’ve been financially dependent, is it permissible in Islam for me to seek spousal support and enough of his assets to maintain my previous standard of living?
Answer
In the Name of Allah, the Most Merciful and Compassionate
I pray you are in good faith and health.
Islamically, a husband is only required to pay for the expenses of his divorced wife until the end of the waiting period (idda), which is three menses. It would not be permissible for a woman to claim any of his assets through the courts unless the husband supports and gives her by his own choice.
The husband is solely responsible for the maintenance expenses of the wife during the idda (waiting period), whether she is given a revocable, irrevocable, or three divorces, not after that.
[Ibn ’Abidin, Radd al-Muhtar; Maydani, Al-Lubab Fi Shar al-Kitab]
Call for Excellence and Mutual Empathy Post-Divorce
The above was an Islamic legal ruling. However, looking into life and beyond, our Next life, Hereafter, what would an ideal and Allah-pleasing situation be? Allah calls for excellence in a post-marriage situation. Allah Most High says,” The divorce that can be returned from may be pronounced up to two times, then either honorably retaining her or kindly letting go. Allah calls for kind separation” [Quran, 2:229].
A man should consider providing spousal support to his ex-wife, depending on his own financial circumstances and her current situation, such as the length of their marriage, her independence during the marriage, and her current lack of family support. Beyond the emotional complexities of life, from a human and true believer’s perspective and in contemplation of the eternal life of hereafter, striving for an honorable separation, as called for by Allah, and returning to Him with a sound, pure heart without any grudges with anyone, includes attending to the needs of someone who has shared a significant portion of life with you, particularly after many years of marriage. Please watch and listen to the beautiful answer by the Shaykh in the video below.
Allah Most High says, “A day when wealth nor sons can avail; but rather only he who brings Allah a heart sound and pure” [Quran, 26, 88.89]
Given the considerations in such cases, we urge you to consult reliable local scholars about the situation’s specifics. Jazakum Allah khayran.
Related
- Who Is Responsible for a Divorced Lady? – SeekersGuidance
- Do I Still Need to Pay an Unpaid Dowry in Addition to the Divorce Settlement? (seekers.flywheelstaging.com)
Video
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I pray this helps answer your question.
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani
Mawlana Ilyas Patel is a traditionally-trained scholar who has studied within UK, India, Pakistan, Syria, Jordan and Turkey.
He started his early education in UK. He went onto complete hifz of Qur’an in India, then enrolled into an Islamic seminary in UK where he studied the secular and Alimiyyah sciences. He then travelled to Karachi, Pakistan.
He has been an Imam in Rep of Ireland for a number of years. He has taught hifz of the Qur’an, Tajwid, Fiqh and many other Islamic sciences to both children and adults onsite and online extensively in UK and Ireland. He was teaching at a local Islamic seminary for 12 years in the UK where he was a librarian and a teacher of Islamic sciences.
He currently resides in UK with his wife. His personal interest is love of books and gardening.
