Maintenance

Q: Does the mother have to pay child maintenance post divorce in Islam?

Q: I wish to inquire regarding the maslah of nafaqah of a divorced woman who is sitting in iddat. Is nafaqah necessary on the husband in the following situations:

1. A woman was given talaaq baain or talaaq raji. She left her husband’s house and went to stay with her mother.

2. A woman was given talaaq bain or talaaq raji. The house which both husband and wife were staying in belongs to the wife. The wife left her home to go and stay by her parents home.

A: In the above two situations, when the wife left the house of her husband or her house and went to her parents house then she will not be entitled to receive nafaqah.

Q: Does one have to pay maintenance to his ex-wife who has left Islam for another religion?

Q: I am reading the kitaab (Handbook to a healthy Muslim marriage) after learning the fiqh of nikaah.

I'm on page 236... its explained that when a husband divorces his wife, he should provide parting gifts to his wife e.g. a set of clothing. It is the first time I'm hearing of this hence..

My question is, does this happen in our South African community and is the above also known as Mahr Mithal. My Apa taught us about Mahr Mithal from Behishti Zewar.

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?

Q: A couple have decided to terminate their nikah due to irreconcilable differences. After the iddat the wife will move out and rent a flat somewhere to accommodate herself and her three children (all sons).

Although the eldest child is 11, it has been mutually agreed that all 3 children will live with the mother.

The mother of the children has no personal income. She will have to find a job to take care of herself and her children as there is no other financial support. Since the children will be living with her, how much is the father liable for the maintenance of each child? Is there any formula to calculate this?

2. Which of the following aspects will be considered when calculating an amount for the maintenance of the children:

a) Food
b) Clothing
c) Rent
d) Utilities
e) Toiletries
f) Maid
g) Petrol allowance
h) Household detergents etc
i) Occasional treats

3. The children have grown up in a certain lifestyle. Does the mother have to cut back on what they are accustomed to, or does the father have to maintain them at the level they have become used to?

4. The mother will be moving into an empty flat which will have to be furnished with at least the basics. Since the children will be living with her, does the father have any responsibility in furnishing the home for his children's benefit?

5. The rental in an average suitable and safe area is around R6000. The children are already accustomed to living in such a suburb. Is the father obliged to provide maintenance considering such rental amount, or must the mother find a place in a sub economic area in order to afford the rental?

6. If the father of the children claims he is unable to afford, for example, more than R5000 in total per month for the maintenance of all three children, which is very inadequate, but the mother claims that he can afford more, how is this to be resolved?

Q: What is the ruling regarding looking after a child after a husband divorces his wife while she was breastfeeding the child in Hanafi fiqh?

It is pertinent to mention here that the couple had intercourse several times during the last months after the birth of a newborn and that the menstrual cycle had not yet started.

Q: After divorce, the father pays the mother money every month for the maintenance of their daughter. The daughter stays with her mother. Is it the father’s responsibility to do all the grocery shopping for the mother and daughter?

السوال:

١) هل يجوز لي أخذ نفقة من طليقي طالما أنني أنوي الانفصال مدنيا ويترتب علي ذلك مقاسمته أمواله وما يملك سواء كان بيتا أو حتي سيارة حسب قوانين البلد هنا فهل يعتبر ذلك حلالا لي أم حراما؟

٢) فيما يخص الأولاد هل يجوز لي طلب نفقة شهرية لهم حسب قانون البلد هنا خاصة أنني أنوي فعلا المضي قدما في القضية والمطالبة بالحضانة؟

Q: A couple are married for 17 years with 3 young kids. The husband intends taking a second wife, but the first wife refuses and seeks divorce on the grounds that she will not be able to live under a polygamous arrangement.

1. What is the correct divorce procedure in this case and what are the rules governing maintenance of the wife?

2. What are the rules governing the division of assets acquired in the marriage between the husband and wife?