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Fatwa #142203 May 2006South Africa

If husband divorce wife in english high court does he still have to pay maintenance to ex?

Question

If husband divorce wife in english high court does he still have to pay maintenance to ex? and when divorce islamic (3 talaqs) - does ex have to nafaqa his ex wife or just the children (ages 16 21 yrs unmarried)? is there fix amount for the children?

Is there a grace period in between 1st 2nd & final talaq?

Answer

If the husband instituted divorce through the court, that will also constitute a divorce in Shari’ah. In principle, the husband must maintain his wife during the period of iddah (waiting period). He does not have to maintain her after the expiry of the iddah.

The father has to maintain his minor children. Once a male becomes a major through maturity, the father does not have to maintain him. The child is now an adult and should support himself. In the case of a female child, the father should maintain her until marriage. The maintenance amount for the divorcee and minor children should be sufficient to fulfil the needs of the divorcee and children. The exact amount could be decided by mutual agreement. If the husband/father maintains his divorcee and children more and above the principle amount and responsibility, that will be an act of great virtue and reward.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai

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