What is the wisdom behind not having to provide maintenance to an ex-wife?

Maintenance for Divorced Women:%0D%0AShah Banu Case%0D%0A%0D%0AThe Supreme Court of India recently ruled in the SHAH BANU case that a%0D%0Adivorced woman is entitled under Islamic Law to maintenance beyond die%0D%0Aperiod of iddat and until her remarriage. The case has caused a furore in%0D%0AIndia as die judgement is contrary to Islamic Law.%0D%0A%0D%0ASimply put, the Islamic Law position is that a divorced woman is not%0D%0Aentitled to maintenance beyond the period of iddat. Let us examine this%0D%0Abriefly in the light of the Qur'an and Hadis.%0D%0A%0D%0AVerse 6 of SURAH TALAAQ provides that:%0D%0A"If the (DIVORCED) women are pregnant, then maintain them UNTIL delivery of%0D%0Atheir child."%0D%0A%0D%0AVerse 4 of the surah has already provided that the iddat (mandatory waiting%0D%0Aperiod) for pregnant divorced women is until delivery of child. This verse%0D%0A(verse 6) clearly by the use of the word "UNTIL" limits the period of%0D%0Amaintenance to the time of delivery. It follows that if pregnant women are%0D%0Ato be maintained until expiry of their iddat (at delivery), then others are%0D%0Alikewise to be maintained until expiry of their iddat. The periods of iddat%0D%0Afor menstruating or non-menstruating women have been specified in the%0D%0AQur'an. (S 2 : V 228; S 65 : V 4; S 65 : V 4)%0D%0A%0D%0AThe absence of an obligation to maintain after the expiry of iddat is%0D%0Asupported by authentic HADIS, notably that of FATIMA BINT QAIS. The latter%0D%0Awas divorced by her husband, and the Holy Prophet (SAW) ruled that she was%0D%0Anot entitled to maintenance. (SAHIH MUSLIM: KITABUT TALAAQ).%0D%0A%0D%0AIn the result, no jurist has ever held that, a divorced woman is entitled to%0D%0Amaintenance after expiry of iddat. On the contrary, and in the case of%0D%0Adivorce of the category BAAIN, many jurists have held that only pregnant%0D%0Awomen are entitled to maintenance for the iddat period: non-pregnant women%0D%0Aare excluded.%0D%0A%0D%0AThe Supreme Court judgement according to press reports relied on verse 241%0D%0Aof SURAH BAQARAH, which was translated as follows: "FOR DIVORCED WOMEN,%0D%0AMAINTENANCE SHOULD BE PROVIDED ON REASONABLE SCALE. THIS IS A DUTY TO THE%0D%0ARIGHTEOUS."%0D%0A%0D%0AThe word MATA in the verse means "BENEFIT" which includes maintenance within%0D%0Aits meaning. (See MAARIFUL QUR'AN) The verse therefore lays down a general%0D%0Aprinciple relating to the benefit due to all divorced women in the different%0D%0Acircumstances as a consequence of divorce. Hence, the use of the wider word%0D%0A"benefit" (MATA) and not the specific word NAFAQA (maintenance). The benefit%0D%0Adue to divorced women in the different circumstances is as follows:%0D%0A1. If no dowry has been fixed and no sexual intercourse has taken place%0D%0Aprior to divorce, then the husband is only obliged to give some benefit or%0D%0Agifts to the wife. (S2:V236).%0D%0A2. If a dowry has been fixed and no sexual intercourse has taken place prior%0D%0Ato divorce, then the husband is only obliged to give the wife half the%0D%0Aamount of the dowry. (S 2 : V 237)%0D%0A3. If both a dowry has been fixed and sexual intercourse took place prior to%0D%0Adivorce, then the full dowry must be given to the wife. (S 4 : V 4)%0D%0A4. If no dowry has been fixed, but sexual intercourse took place prior to%0D%0Adivorce, then the dowry customarily fixed in the family of the wife (MEHR%0D%0AMITHL) must be given to the wife.%0D%0A5. In the cases of 3 and 4, the wife is obliged to undergo IDDAT and is%0D%0Atherefore entitled to maintenance until expiry of the iddat There is%0D%0Aobviously no iddat (and hence, no maintenance) in cases 1 and 2.%0D%0A%0D%0AIt follows that the judgement of the Indian Supreme Court is wrong. The%0D%0ACourt ought to have heard expert evidence on the issue from qualified Muslim%0D%0Ajurists. It is not clear why this was not done. Instead, the judges%0D%0Aendeavored to give judgement on an issue in which they have no expertise.%0D%0AThe result was a misinterpretation of Islamic Law.%0D%0A%0D%0ANow, what are the rational imperatives? Divorce terminates a marriage%0D%0Awhereupon the parties have no relationship whatsoever with each other. There%0D%0Ais therefore no reason in logic as to why the husband must continue%0D%0Amaintaining the wife after divorce. Reason demands that a person must be%0D%0Afree of obligations. For an obligation to arise, there must be valid cause.%0D%0AWhat cause exists in such a case?%0D%0A%0D%0AIn Islamic law, the obligation to maintain the divorced woman after the%0D%0Aexpiry of the iddat would in the absence of her remarriage vest in her near%0D%0Arelatives based on the priorities fixed in inheritance. In any event, and if%0D%0Ashe is unable to maintain herself, the Islamic State is obliged to do so.%0D%0A%0D%0ASome argue that the divorced woman suffers for want of maintenance, as her%0D%0Anear relatives invariably fail to maintain her. The answer is why must the%0D%0Ahusband be penalized in such event contrary to Quranic Law. Cases of%0D%0Ahardship do arise, one undoubtedly appreciates, in a non-Muslim country%0D%0Awhere Islamic Law is not applied. However, if Muslims implement Islamic Law%0D%0Asincerely and honestly, all problems would be resolved. To do this, a strong%0D%0Aand deep sense of Accountability is required. Unfortunately, this to a large%0D%0Aextent is absent.