Husband being responsible for wife's maintenance during iddat

Q: 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.

A: If you have not yet divorced her but she has separated from you and moved to her parent's home, then if you did not consent to her moving to her parent's home, you are not responsible for her maintenance in this time and if you divorce her, you will not be responsible for her maintenance during her iddat period. However, if you had consented to her moving to her parent's home, then it is compulsory upon you to pay for her maintenance during this time as well as during her iddat period after you divorce her.

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

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

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