What is the ruling on the second fine, estimated at 2,000 dinars, as compensation for the divorced wife who is not entitled to alimony after the 'iddah according to Tunisian law?
A divorced woman is entitled to maintenance as long as she is within her waiting period () from a revocable divorce. Similarly, a woman divorced with a definitive divorce (bain) is entitled to maintenance if she is pregnant, and some scholars hold that she is entitled to it even if she is not pregnant. However, after the iddah, there is a consensus that she is not entitled to any maintenance. Laws that contradict Islamic are not to be given any consideration. As for compensation for emotional distress, there is a difference of opinion on this, with the preponderant view being that it is not permissible. The husband is only obliged to what Sharia obliges him to, and it is not permissible for the wife to take what is not permissible for her according to Sharia.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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