Rights of Divorced Woman on Her Husband
Fatwa No: 83934


I study in Slovakia. I am married of a Slovak Muslim girl. I want to divorce her, and she is living with her family now. I want to know what rights she has, if I divorce her, and if she refused to take these rights after divorce. Is there anything on me?


All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

A divorced wife has the following instant rights over her (previous) husband:

1) He has to pay a sum of money according to his capacity. Allah Says (what means): {But give them [a gift of] compensation - the wealthy according to his capability and the poor according to his capability - a provision according to what is acceptable, a duty upon the doers of good..} [Quran 2:236] Allah also Says (what means): {And for divorced women is a provision according to what is acceptable - a duty upon the righteous.} [Quran 2:241]

2) He has to pay her the adjourned dowry, if any, if he has not yet paid it to her.

3) He has to provide her with housing and maintenance if she is in a state of revocable divorce, since in such a period, she has the ruling of a wife due to possible return to marital life as long as she is in her waiting period ('Iddah) from such a case of divorce.

At the same time, if she is divorced while in pregnancy, whether her divorce is revocable or irrevocable, she has the right of maintenance and housing. Allah Says (what means): {Lodge them [in a section] of where you dwell out of your means and do not harm them in order to oppress them. And if they should be pregnant, then spend on them until they give birth.} [Quran 65:6]

The breast-feeding divorced woman also has the right of wages of such a nursing. Allah Says (what means): {And if they breastfeed for you, then give them their payment and confer among yourselves in the acceptable way.} [Quran 65:6]

The above-mentioned rights are to be given to her directly, but he cannot force her to accept. Know that she has no right to refrain from housing with him as long as she is in the state of revocable divorce and as long as she is in her waiting period.
Allah Says (what means): {Do not turn them out of their [husbands'] houses, nor should they [themselves] leave [during that period] unless they are committing a clear immorality. And those are the limits [set by] Allah.} [Quran 65:1]

As a final word, why don't you continue your marital life if she is religious and had good morals?

Allah knows best.

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