Maintenance for wife after divorce.

Question:

Assalamualaikum Mufti Saab,

I hope you’re well InshaAllah.

Unfortunately I am in the process of separating from my wife and she will be commencing Iddat soon.

She has decided to stay at her parents’ home during her Iddat and her family have asked me to pay for her cost of living during this time, she has told me to decide on the figure I should pay to her after consulting with a scholar.

I have returned all of her clothes to her from our matrimonial home.

I understand that the usual responsibilities I should pay for her are shelter, food and clothing. (She will be spending the time at her parents’ house, and has her clothing).

Please advise on what the monetary total I should be paying her is as I am unable to calculate an exact amount.

I am unsure if this has any bearing on the Mas’alah but for clarity, the decision to separate was made by my wife (although she did not ask for khula). She has been living at her parents’ house since January and I have not seen her since. The decision to spend Iddat at her parents’ home was also made by herself.

If you need any further information, please let me know.

JazakAllah

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

In principle, after divorce the wife must spend her Iddah (waiting period of 3 menstruation cycles)at the home where the spouses resided during marriage. In such a case the husband will be responsible for her maintenance the duration of her Iddah.

 If the wife decided to spend her Iddah at another home, the husband will no longer be responsible for her maintenance nor the costs of living during the Iddah[1].

And Allah Ta’āla Knows Best

Mufti Arshad Ali

Darul Iftaa, Jaamia Madinatul Uloom (Trinidad)

www.fatwa-tt.com /www.jaamia.net


[1] بدائع الصنائع في ترتيب الشرائع (3/ 210)

 وَهَكَذَا نَقُولُ فِيمَنْ خَرَجَتْ مِنْ بَيْتِ زَوْجِهَا فِي عِدَّتِهَا أَوْ كَانَ مِنْهَا سَبَبٌ أَوْجَبَ الْخُرُوجَ أَنَّهَا لَا تَسْتَحِقُّ النَّفَقَةَ مَا دَامَتْ فِي بَيْتِ غَيْرِ الزَّوْجِ،