Maintenance Of A Woman In Her Iddat

Question

I would like to request a ruling regarding the fact that my husband has to still take care of me while I’m sitting in my idat and I would like to stay in the house my brother will stay with me for the period.

Answer

The Iddat period of a woman that has been divorced is three menstrual cycles (from the point of divorce.) However, if a woman is pregnant then her Iddat will only terminate after childbirth.

Regarding maintenance, your husband is responsible for maintenance throughout your Iddat period. He should provide shelter as well as provide your monthly allowance which is obligatory and termed as ‘Nafaqah’ in Shariah. You will therefore only vacate the premises (where you are currently serving Iddat) after completion of your Iddat which is three menstrual cycles or after childbirth in the case of pregnancy.

This also means that your husband will not reside at the same premises as he is not allowed to have any form of interaction with you after issuing three divorces. We are certain that you are aware of the ruling therefore you had stated that your brother will be residing with you.

Also, you should remain at home for the entire duration of the Iddat. You are not permitted to leave the confines of your home as you have your brother and other family members such as your father to take care of your needs (purchasing necessities from outside, etc). This is the ruling of Shariat which should be strictly adhered to and cannot be compromised for petty material gains of the world. 

Checked and Approved By:

Mufti Muhammed Saeed Motara Saheb D.B.

References

(يجب) وظاهر الآية أنه فرض نهر ج ٦ ٥ اذا طلق الرجل امراته طلاقا بائنا او رجعيا او وقعت الفرقة بينهما بغير طلاق وهى حرة من تحيض فعدتها ثلاثة اقراء
(مجمع الانهر ص ١٤٢ ) 

وتجب النفقة والسكنى لمعتدة الطلاق ولو بائنا
(مجمع الانهر ص ١٩١ ج٢) 

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