Wife receiving nafaqah if she spends iddat at her mothers house

Q: A couple used to live in the wife's house. The husband divorced the wife. Will the wife be allowed to spend her Iddat at her mother's house? If she does spend her iddat at her mother's house, will the husband be required to give her nafaqah for the iddat period?

A: The law of shariah is that the wife spends iddat in the home wherein she was residing at the time of talaaq, regardless of whether the home belonged to her husband or herself. If she leaves the home, she will not be entitled to receive nafaqah.

Hence, if the wife left the home in which she was staying at the time of talaaq and went to her mother's house, she will not be entitled to receive nafaqah. However, if the husband is happy to provide her with nafaqah, then he may do so.

Note: If the husband asked her to leave and spend her iddat at her parent's home, then she will be entitled to receiving nafaqah.

And Allah Ta'ala (الله تعالى) knows best.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

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