What is the maintenance (nafaqa) for the wife and children after separation? And will their custody (hadanah) be for the father or the mother? And what is the ruling on divorce during menstruation if no intercourse occurred during the period of purity preceding it?
The maintenance for a revocably divorced woman is only during her ' (waiting period), and a irrevocably divorced woman has no right to maintenance unless she is pregnant. The maintenance of children is obligatory upon the father if they do not possess their own wealth, and it should be sufficient for their needs. The mother has the primary right to custody as long as she does not remarry and the conditions are met, based on the Prophet's (peace be upon him) saying: "You have more right to him as long as you do not marry." A divorce that conforms to the is a single divorce during a period of purity in which no intercourse occurred, and it is not permissible to issue a divorce during menstruation. Divorce is subject to the five legal rulings.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 136525
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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