FatwaFederal TerritoriesMarriage & Family
AL-KAFI #567: HUKUM MEMBERI NAFKAH DALAM IDDAH
Should a wife in her iddah waive unpaid iddah maintenance from her husband, or may she claim it in court?
Short answer
Iddah maintenance is originally obligatory upon the husband.
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
- Al-Kafi li al-Fatawi
- Topic
- Marriage & Family
No evidence of gazettement in the source — this is not a gazetted fatwa.
Summary
Iddah maintenance is originally obligatory upon the husband. If the wife waives it, the matter is considered settled. If she does not waive it and the husband refuses to pay, it becomes a debt according to the majority of scholars, which lapses only through payment or release and not through the passing of the iddah period. She may claim her right in court and is advised to consult the Syariah court or nearest religious office.
Written in our own words from the original fatwa — check the source before acting on it.
Tetapi jika isteri menghalalkannya maka ianya dikira langsai akan tetapi jika suami yang enggan membayar nafkah tersebut maka isteri boleh menuntut haknya di mahkamah.
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. “AL-KAFI #567: HUKUM MEMBERI NAFKAH DALAM IDDAH”, 8 March 2017. https://muftiwp.gov.my/ms/artikel/al-kafi-li-al-fatawi/956-al-kafi-567-hukum-memberi-nafkah-dalam-iddah. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/unpaid-iddah-maintenance-waive-or-claim/