.:Alimony and the financial rights of the divorced woman:.
It is important to understand the ruling of the Sharī'ah in this matter.
Hereunder is a comprehensive discussion with regard to the rulings of the four madh'habs of Ahl al-Sunnah in this matter.
It is important to understand the ruling of the Sharī'ah in this matter.
Hereunder is a comprehensive discussion with regard to the rulings of the four madh'habs of Ahl al-Sunnah in this matter.
1. Alimony is maintenance, and a woman has no right to maintenance from the man after divorce, except during the iddah, and there is difference of opinion regarding the details of this among the four madh'habs.
There are two types of divorce, revocable and irrevocable.
There are two types of divorce, revocable and irrevocable.
A. If the divorce is revocable [rajýī], then there is agreement of scholars that it is obligatory for the man to provide maintenance in terms of food, clothing, and accommodation, until the end of her iddah.
B. If the divorce is irrevocable [bā'in], then there are two situations:
1. If she is pregnant then there is agreement of scholars that it is obligatory for him to provide maintenance and accommodation for her.
1. If she is pregnant then there is agreement of scholars that it is obligatory for him to provide maintenance and accommodation for her.
2. If she is not pregnant, then there is difference of opinion.
A. Hanafī: She has the right to maintenance and accommodation until the end of her iddah.
B. Mālikī and Shāfiyī: She has the right to accommodation but not maintenance in terms of food and clothing.
A. Hanafī: She has the right to maintenance and accommodation until the end of her iddah.
B. Mālikī and Shāfiyī: She has the right to accommodation but not maintenance in terms of food and clothing.
C. Hanbalī: She does not have the right to maintenance or accommodation.
As for post-iddah then she has no right of maintenance upon the man by agreement of scholars.
2. Child support: If there is a minor son, then the maintenance of the son is upon the father until puberty, whether married to the mother of the child or he has divorced her, unless he owns wealth.
As for a daughter, then her maintenance is upon her father until she is married.
As for a daughter, then her maintenance is upon her father until she is married.
3. Wages for breastfeeding:
If a mother is breastfeeding her child, there is difference of opinion among the scholars with regard to when she has the right to seek wages for it.
If a mother is breastfeeding her child, there is difference of opinion among the scholars with regard to when she has the right to seek wages for it.
A. Hanafī: If the mother is married to the father or is in iddah of a revocable [rajýī] divorce, she does not have the right to seek wages for breastfeeding.
If she is in the iddah of an irrevocable [bā'in] divorce, or is completely divorced, then she can seek wages for it.
If she is in the iddah of an irrevocable [bā'in] divorce, or is completely divorced, then she can seek wages for it.
If the mother seeks more than the standard rate and the father finds a woman that shall breastfeed the child for free or for the standard rate, then she has more right to breastfeed and the father can choose her to do so, as the right of the mother falls away by seeking more.
B. Mālikī: If the mother is from those women who breastfeed their children and she is married to the father, she does not have the right to seek wages for breastfeeding as it is obligatory upon her.
As for the elite woman, the likes of whom do not breastfeed their children, and the woman divorced by the father, then she has the right to seek wages, even if only she can breastfeed or the father finds a woman who shall breastfeed for free.
C. Shāfiyī: The mother has the right to seek wages for breastfeeding at the standard rate, whether she is married to the father or divorced.
D. Hanbalī: Same as Shāfiyī.
Therefore, all scholars agree that a divorced woman may seek wages for breastfeeding, subject to conditions.
D. Hanbalī: Same as Shāfiyī.
Therefore, all scholars agree that a divorced woman may seek wages for breastfeeding, subject to conditions.
4. Wages for rearing:
If there is a young child, and the mother has the right to rear the child [hidānah] as a result of none of the preventing factors being found in her, then there is difference of opinion among the scholars if she has right to wages for it or not.
If there is a young child, and the mother has the right to rear the child [hidānah] as a result of none of the preventing factors being found in her, then there is difference of opinion among the scholars if she has right to wages for it or not.
A. Hanafī: If the rearer is the wife of the father or in his iddah, then she does not have the right to seek wages for rearing as that is obligatory upon her, and that would be in the meaning of bribery.
If she is other than the mother, or she is the mother and has been completely divorced by her iddah ending, then she has the right to wages for rearing, from the wealth of the child if he has wealth, and if not then from the wealth of the father or upon whom is his maintenance.
If the father is financially restricted, then if a related woman who has a right to rear the child who is willing to do so for free is present, then the mother shall be told to rear the child for free or give the child to the other woman.
If an unrelated woman or related man is willing to rear the child for free, then it shall go to the mother even if she has married a man unrelated to the child and is seeking a wage, she shall recieve the standard rate.
B. Mālikī: There is no wage for rearing. If she has no wealth, then she is maintained from the wealth of the child due to her poverty.
C. Shāfiyī: The rearer has right to seek wages for rearing, whether she is the mother or other than her. This is from the wealth of the child.
C. Shāfiyī: The rearer has right to seek wages for rearing, whether she is the mother or other than her. This is from the wealth of the child.
If the child does not own any wealth, then this is from the one upon whom the maintenance of the child is obligatory.
This is with the condition that there isn't a woman who shall do so for free or less than the standard rate, if there is then the right of the mother falls away.
This is with the condition that there isn't a woman who shall do so for free or less than the standard rate, if there is then the right of the mother falls away.
D. Hanbalī: Same as Shāfiyī, except that this is the case even if there is a woman who shall do so for free.
Thus, the scholars agree that a divorced woman has right to seek wages for rearing the child, subject to conditions.
Thus, the scholars agree that a divorced woman has right to seek wages for rearing the child, subject to conditions.
5. Accommodation for rearing
There is difference of opinion among the scholars regarding who is responsible for the accommodation of the rearer.
A. If the rearer does not have accommodation where the child may be reared, then accommodation is provided from wealth of the child.
There is difference of opinion among the scholars regarding who is responsible for the accommodation of the rearer.
A. If the rearer does not have accommodation where the child may be reared, then accommodation is provided from wealth of the child.
If the child has no wealth, then it is upon the one whom the maintenance of the child is upon to accommodate the child and the rearer.
B. Mālikī: It is upon the father to accommodate both the child and the rearer.
B. Mālikī: It is upon the father to accommodate both the child and the rearer.
C. Shāfiyī: Accommodation is from maintenance, thus the one upon whom it is obligatory to maintain the rearer, it is obligatory upon him to accommodate her.
D. Hanbalī: Same as Shāfiyī.
Thus, some say she can seek accommodation from the maintainer of the child, if needed.
D. Hanbalī: Same as Shāfiyī.
Thus, some say she can seek accommodation from the maintainer of the child, if needed.
Conclusion:
From this it is clear that the Sharī'ah is not unfair to divorced women and does not burden them with maintenance of their minor children, rather this is, by default, the responsibility of the father.
From this it is clear that the Sharī'ah is not unfair to divorced women and does not burden them with maintenance of their minor children, rather this is, by default, the responsibility of the father.
Moreover, they may seek wages for breastfeeding, child rearing, and even accommodation if they do not have it, subject to conditions and details mentioned above.
At the same time, a woman does not have the right to maintenance for herself from her ex-husband, nor can she seek it
At the same time, a woman does not have the right to maintenance for herself from her ex-husband, nor can she seek it
She only has the right to maintenance during her iddah, subject to conditions and details mentioned above, along with any mahr or other debts that she is owed by her ex-husband.
In this we see the fairness of the Sharī'ah, that a woman cannot unjustly claim right to and take the wealth of her ex-husband post-iddah for her own maintenance, and at the same time a woman is not lumbered with the expenses of maintaining a child herself.
There is no need to look to other legal systems when our pure Sharī'ah is clear and just in this matter.
To seek such judgement and to prefer it over the rulings of the Sharī'ah is dangerous for one's faith and is not the behaviour of a Muslim.
To seek such judgement and to prefer it over the rulings of the Sharī'ah is dangerous for one's faith and is not the behaviour of a Muslim.
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