Is a divorced man obligated to maintain the dwelling of his divorcée and children, including repairing any defects therein, or is the maintenance cost included in the agreed-upon alimony? What are his divorcée's financial rights, and is he obliged to provide her with housing? Is maintenance during the waiting period (iddah) obligatory, separate from the compensation for divorce (mut'ah) and the deferred dower (mu'akhkhar)?
A woman divorced with an irrevocable divorce ( Bain) has no right to maintenance () or housing (sukna), unless she is pregnant. As for the compensatory gift (mut'ah), it is only obligatory for a woman divorced before consummation who was not assigned a dowry (mahr), and it is recommended to give it to a woman divorced after consummation. If he divorces her with the first or second divorce and does not take her back until her waiting period (') expires, she is entitled to maintenance during the 'iddah. However, in the case of an irrevocable divorce (like the third one), she has no right to maintenance or housing.
Scholars differed regarding the housing of the custodian (hadinah). The preferable view is that if she does not have housing, the father is obligated to provide it for her. She may stipulate that her housing be with her children as long as she is the custodian. She is entitled to claim wages for custody according to the Hanbalis, but she is not entitled to wages according to the Malikis. The Hanafis and Shafi'is have detailed rulings on this matter. The husband is obligated to provide maintenance for his children, which includes housing, food, drink, clothing, education, and medical treatment. This is estimated based on what is customary and takes into account the husband's financial situation. The maintenance of devices used by the children is included in the maintenance.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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