My wife and I have decided to get a separation, this separation is due to me my wife mental and physical health, we have 3 children together, the kids will going to live with me and my wife has already moved out to her parents house. Since my kids are very young 9 years, 7 years and 1.5 years I am looking to get married again, my wife, my family and my in-Laws all are OK with it, and my wife also has given me in writing that she is withdrawing her all Shariah right from my side but she will be in my nikah. Now my question is that how much nan nafqah do I have to give my wife every month and may be in coming years if we get back together is it permitted yes or no, or would be any condition on such thing? Please answer my question I would really be thankful to you.
Answer
(Fatwa: 635/432/D=1433)
If nothing was discussed regarding khula and talaq between both of you and your wife went to her parent’s home with your consent then you should fix the amount of maintenance as per the life standard of yours and your wife. Also sometime you should go there to look after your wife and see the children, so that you can keep the option when you wish to live together in future.
Note: If at the time of taking the decision of separation some words were uttered which bear the meaning of breaking nikah or separation from nikah, then write the words and submit the question again.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband