Question
If a person puts down a condition: If Talaaq takes place the wife will drop all her rights of maintenance. Is this condition valid in Shari’at?
Answer
If Talaaq takes place then it is Waajib for the ex-husband to provide his ex-wife with maintenance during her Iddah period Provided that his ex-wife was not a “Naashizah” (i.e. she abandoned the matrimonial home out of her own free will). This maintenance is the right of the wife and cannot be taken away from her. If the husband places such a condition it will be invalid and against Shari’ah. However, if Khula was made upon the condition that no maintenance will be due then the maintenance will fall away but the husband will still need to provide her with housing during her Iddah.
Checked and Approved By:
Mufti Muhammed Saeed Motara Saheb D.B.
References
(مجمع الانهر 2/191)
رد المحتار على الدر المختار (٦٠٩/٣)
رد المحتار على الدر المختار (٣ /٦١١)