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After divorce

Fatwaa ID: 1651

Question:
Assalamualaikum.
Please answer my question.
What is the ruling for a woman who takes khula and also for a woman who is divorced with regards to the compensation to be given to her?
And what is the ruling if children are also there?
How much and till when should shè be paid.
Jazakallah khairan

Answer:
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

  1. There is no compensation for a divorced man or woman, whether that be through talaaq initiated by the husband or the wife. In the case where it is initiated the wife, a khula’, she must give the agreed amount. That being said, the husband remains responsible in both cases to maintain and provide for the wife during the ‘iddah period. After the ‘iddah, the responsibility of maintenance goes to her son, her father and then her brothers. The now ex-husband is no longer responsible for her.
  2. The father is responsible to take care and provide for his children, the son until he becomes mature, and the daughter until she gets married.

It should be noted that after divorce, the wife’s property and belongings remain hers and his property and belongings remain his. She may not demand anything from him nor may he from her. This includes alimony and property division through court. Even if the court rules in her favor, it will be haraam for her to take any of that.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

02/01/1445 AH – 08/18/2023 CE | AML1-8212

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين


You may refer to the following resolution by the American Fiqh Academy: https://fiqhacademy.com/res12/

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