Fatwa #364313 September 2001United States of America

Is Man without written marriage contract required to pay money incase of divorce for support to woman?

Question

A muslim man married an american muslim woman who was married twice before him with just witnesses, no contract,woman in fifties and can't have more kids and later in marriage she required contract but didn't get it instead they divorced. Does she get financial support from him? she left him many times over arguments but this time he divorced her!

Answer

According to the Shari'ah, a divorcee is entitled to maintenance only during the Iddat (waiting period) which commences immediately after the divorce. Having a marriage contract is not a prerequisite to qualify for maintenance.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai
FATWA DEPT.

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