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Is Maintenance Money after Divorce Allowed in the Shariah

Answered according to Hanafi Fiqh by DarulIftaBirmingham

Answered by: Maulana Tahsin Alam​

Question

In Islam at the time of divorce, a woman only gets what she has decided for meher if she hasn’t been paid already right? and living in the USA a woman gets alimony n stuff, is it allowed for the woman to take that?


بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم


In the name of Allah, the Most Gracious, the Most Merciful 

Answer:

A woman who has been in a marriage which has been consummated is deserving of receiving her full mahr (dowry).[1]It is recommended for the husband to pay the mutʿahat the time of divorce (except for a divorce occurring before consummation of the marriage whilst the wife’s mahr has been stipulated)[2]which is the gifting of three items: dirʿ (shirt), khimār (head covering/scarf) and milḥafah (shawl or blanket), the quality of which will be based on the financial situation of the husband.[3]Islām has not stipulated any other payment to the wife, apart from these two items, after the separation.

As for alimony payments, we will recommend that you do not take such payments (post-separation payments) or initiate them through the judicial system.

Only Allah SWT alone knows best.

Written by Maulana Tahsin Alam

Check and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham


 


 



[1] Ibn Abideen, RaddulMuhtaar, edition by Husam al-DīnFarfour, volume 8 pg. 350.


[2]Badr al-Dīn al-ʿAynī, al-BināyahSharh al-Hidāyah, volume 3 pg. 154.


[3] Ibid, pg. 143.


This answer was collected from DarulIftaBirmingham.co.uk, which is run under the supervision of Mufti Mohammed Tosir Miah from the United Kingdom.

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