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FatwaFederal TerritoriesMarriage & Family

IRSYAD HUKUM SIRI KE-615 : HUKUM NAFKAH ISTERI YANG DICERAIKAN

Is a husband obliged to provide maintenance to his wife after divorcing her?

Short answer

A divorced wife is in principle entitled to maintenance from her former husband during her iddah, covering food, clothing and housing.

Federal TerritoriesOpinion (irsyad)

A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.

Authority
Federal Territories Mufti Office
Date
Status
Opinion (irsyad)
Series
Irsyad al-Hukum (Umum)
Topic
Marriage & Family

No evidence of gazettement in the source — this is not a gazetted fatwa.

Summary

A divorced wife is in principle entitled to maintenance from her former husband during her iddah, covering food, clothing and housing. The entitlement depends on the type of iddah. A wife in a revocable (raj’i) talak iddah receives full maintenance unless she was divorced because of nusyuz. A wife in a final (ba’in) talak iddah must be given housing, but other maintenance is obligatory only if she is pregnant, while the majority of scholars hold that maintenance is not obligatory during the iddah of death. Section 65(1) of the Federal Territories Islamic Family Law provisions ends the right to maintenance when the iddah expires or the wife becomes nusyuz.

Written in our own words from the original fatwa — check the source before acting on it.

Bagi isteri yang berada dalam idah talak raj'i berhak mendapat semua nafkah sebagaimana nafkah yang diterima sewaktu dalam perkahwinan.

Excerpt from the original fatwa · Federal Territories

Read the full fatwa on the Federal Territories website (new tab)

How to cite

Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.

Federal Territories Mufti Office. “IRSYAD HUKUM SIRI KE-615 : HUKUM NAFKAH ISTERI YANG DICERAIKAN”, 19 September 2021. https://muftiwp.gov.my/ms/artikel/irsyad-hukum/umum/4979-irsyad-al-fatwa-siri-ke-615-hukum-nafkah-isteri-yang-diceraikan. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/maintenance-for-a-divorced-wife-ruling/

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Evidence cited

Books

  • Fath al-Mu'in
  • al-Fiqh al-Islami wa Adillatuh (Wahbah al-Zuhaili)

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