Is it obligatory to return money borrowed from one's wife in addition to the maintenance ruled by the judge, even if she is not Islamically entitled to it?
The jurists have agreed that a woman divorced revocably (ṭalāq rajʿī) is entitled to housing, maintenance, and clothing during her waiting period (ʿiddah), whether she is pregnant or not. As for a woman divorced irrevocably (ṭalāq bā’in), the Hanbali school of thought—which is the correct one—holds that she is not entitled to housing or maintenance unless she is pregnant, based on the Prophet Muhammad’s (peace be upon him) statement to Fatimah bint Qays (may Allah be pleased with her) concerning a woman divorced thrice: "She is not entitled to housing or maintenance." This is also supported by the verse: "And if they should be pregnant, then spend on them until they deliver their burden." (Quran 65:6) It is not permissible to resort to man-made courts except out of necessity. If a judge rules in a matter of jurisprudential interpretation in a way that contradicts Islamic law, his ruling is binding on both parties to resolve the dispute, but it is not permissible to take more than what is rightfully due according to Islamic law.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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