What is the Islamic legal equity for a wife who dedicates her life to serving her husband and children, then is divorced after the children have passed the age of حضانة (custody), leaving her without shelter? And is it the husband's right to financially favor his divorced sister over his wife, considering that his wife's right is limited to her essential maintenance?
A believer must submit to the rulings of the due to their justice and wisdom. A divorced woman has rights over her husband. After the waiting period () ends, if she is poor, she should be supported by her relatives or by the Muslim public treasury (Bayt al-Mal). The husband's wealth is his own, and he is obligated first to spend on his wife and children, and then to give charity to his relatives. The wife's maintenance () is determined by the financial status of both spouses and includes providing a servant if the wife comes from a family where servants are typically employed. A wife has the right to take what is sufficient for her and her child from her husband's wealth if he is stingy with her. The wife's maintenance takes precedence over the maintenance of relatives and is an obligatory right upon the husband. A distinction should be made between the just rulings of Sharia and the erroneous practices of some Muslims.
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Reviewed by El Fatwa's sharia committee.
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