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What is the ruling of Islamic law concerning a divorce that has occurred, the expenses decreed as compensation for arbitrary divorce, the expenses of the postpartum period (nifas) and the waiting period (iddah) and neglect, the monthly expenses for the daughter, and the provision of rented accommodation? And is it permissible to take these expenses and the accommodation?

1 min readAlso available in العربية

Divorce without a reasonable cause is considered an arbitrary divorce. A husband divorcing his wife due to his inability to provide housing is not considered arbitrary, unlike a situation where he is capable but there is no legitimate Islamic reason for the divorce, which would then be disliked (makrooh). The financial rights of a divorced woman are legally determined in Islamic law, including mut'ah (compensatory gift) and nafaqah (maintenance). Postnatal expenses (masareef an-nifas) are part of maintenance and are obligatory upon the husband to the usual extent. Neglect expenses are your right if they are in return for maintenance that the husband failed to provide. It is not permissible to take more than what is rightfully due, or to accept them as a punishment for the divorce. A divorce issued by an Islamic court is a bain (irrevocable) divorce, and you do not have the right to maintenance or housing during the waiting period (iddah) according to the most preponderant opinion, except that you are permitted to utilize the housing as a custodian for the daughter, for whom the father must provide housing and maintenance until she marries.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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