Question: My wife and i are coming to the logical
end of our marriage. The only thing that keeps us together is the 2 two
My question is, what are my financial commitments to her after divorce.
She says they continue until she weds again. Is this the case? She wants
the kids, and I cannot separate them from their mother. I will live
nearby. Please advise me. As it is, I have a backlog of debt to her, where
she forewent Nafaqah, and I must repay it. Do I owe anything on top of
Answer: In the Name of Allah, Most Compassionate, Most Merciful,
One of the rights of the wife on the husband is her financial support,
which includes food, clothing, shelter, etc...
Allah Most High says:
“Let the man of means spend according to his means, and the man whose
resources are restricted, let him spend according to what Allah has given
him” (Surah al-Talaq, V.7),
This financial support (Nafaqah) is binding upon the husband throughout
the marriage, if the wife gives herself to him or offers to. (al-Mausili,
If the marriage unfortunately came to an end, then the woman will receive
this financial support throughout the waiting period (iddah). Once the
post marital waiting period comes to an end, the obligation of Nafaqah no
longer remains on the husband.
Allah Most High says:
“Let the woman live (in iddah) in the same style as ye live, according
to your means. Annoy them not, so as to restrict them. And if they carry
(life in their wombs), then spend on them until they deliver their burden”
(Surah al-Talaq, V. 6).
It should be remembered that the wife will be entitled to this financial
support (during the waiting period) regardless of whether the divorce was
revocable or irrevocable. (Radd al-Muhtar, 3/609).
As far as the Nafaqah for the previous years is concerned, the Fuqaha
mention that if a period passed, in where the husband failed to provide
financial support for his wife, the amount he should have paid does not
remain a debt he owes to her.
However, there are two exceptions for this:
1) If both spouses agreed that it will be paid later
2) The Judge (qadhi) ordered that it should be paid later
Imam al-Haskafi (Allah have mercy on him) states in his Durr al-Mukhtar:
“Financial support (nafaqah) will not become a debt except with
judgment (qadha) or by agreement (radha)” (See: Radd al-Muhtar, 3/594).
Therefore, if you did not make an arrangement with your wife of paying the
Nafaqah later, it will not be binding on you to pay her for the previous
years. However, if you do, out of your own will, you will be rewarded.
And Allah knows best
Muhammad ibn Adam
Article taken (with
Thanks) from Darul Ifta
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