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Subject : The Religious Framing of a Woman's Alimony during Iddah

Fatwa Number : 2883

Date : 09-03-2014

Classified : Support of dependents

Fatwa Type : Search Fatawaa

Question :

Is the alimony of a divorced woman originally derived from Sharia or from a number of civil laws applied in Islamic courts?

The Answer :

Praise be to Allah, prayer and peace be upon the Messenger of Allah and all His Family and Companions.

Laws effective in Islamic courts are in their totality derived from Sharia texts as well as the four juristic (Fiqh)schools.

A woman who is in her waiting period after the effectuation of a Rajei divorce (revocable divorce), or a Baen divorce (complete separation) ,for a pregnant , is entitled to receive alimony during that period , and this opinion comes in unanimous agreement of the four juristic schools . In a Rajei divorce, a divorcee enjoys the status of a wife ;whereas, a pregnant who is in Baen divorce is entitled to receive alimony as stipulated in The Holy Quran: “ And if they are pregnant, then maintain them until they deliver.” {Al-talaq/6}.

As for the non-pregnant who is in Baen divorce, She must be provided for by (the husband) during her Iddah as mentioned in the verse: “Let the affluent man expend out of his affluence. And let he whose provision has been straitened for him, expend of what God has given him. God does not charge any soul save except with what He has given it. God will assuredly bring about ease after hardship. “ {Al-talak/ 7}.

The aforementioned is stipulated in the Jordanian Personal Status Law of the year (2010) ,article (151): "A husband is obligated to spend on his spouse during Iddah (waiting period)` whether she is divorced ,or separated by court order.” And Allah knows best.



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