English book · WOMEN IN ISLAM

After Divorce

English book, p. 224

By Maulana Wahiduddin Khan

connection with divorce law. Therefore, the answer to this question must be sought in the Islamic maintenance law. Here, we shall briefly describe some of its aspects: 1. In case the divorced woman is childless or the children are not earning, according to Islamic law, the responsibility for her maintenance falls on her father. That is, her situation will be the same as before marriage. To quote from Fath al-Qadir (A standard book on Islamic Law): “The Father is responsible for bearing his daughter’s expenses until her marriage if she has no money. The father has no right to force her to earn, even if she can. When the girl is divorced and the period of confinement is over, her father shall again bear her expenses.” (Ibn Hummam, Fath al-Qadir ala alHidayah, Vol. 4, p. 410) 2. If the divorced woman has a son who is an earning family member, the responsibility for her maintenance falls entirely upon him. All that rightfully belongs to a wife will be the duty of the son to provide, that is, food, drink, clothes, house, and even servants, if possible. (Ibn ‘Abidin, Radd al-Muhtar ‘ala ad-Durr al-Mukhtar, Vol. 2, p. 733) 3. In the case of the father being deceased, and where even her children cannot earn, her nearest relatives, such as brothers or uncles, are responsible for her upkeep. Without

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