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The question

What is the ruling of Islam regarding a wife resorting to Swiss courts to seek divorce without deferring to arbitration in the country of the original marriage, and what is the ruling concerning the alimony decreed for the divorced woman and children in light of Islamic Sharia, and is there maintenance and housing for the divorced woman after the completion of her iddah, and must the husband pay the deferred dowry despite his deteriorating financial condition?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Residing in disbelieving countries should be approached with caution, unless there is a necessity or a need deemed legitimate by Islamic law. As for your questions: 1. If a woman is married, her maintenance is obligatory upon her husband, unless she is disobedient (nashiz). This also applies during the iddah (waiting period) of a revocable divorce, and in the case of an irrevocable divorce if she is pregnant. However, if she is not pregnant, the preponderant opinion is that maintenance is not obligatory. 2. The father must provide maintenance for his minor children who have no wealth, according to his means. 3. The reference for determining the wife's maintenance is the husband's capacity and common custom, not people's whims or the rulings of man-made courts. 4. Resorting to man-made laws for judgment is not permissible; the obligation is to resort to Allah's law for judgment. 5. The deferred dowry is a right for the woman, which she is entitled to receive upon its due date or upon separation. If someone's wealth is taken unjustly by a ruling from a man-made court, he may take an equivalent amount from her wealth or from what is due to her from the deferred dowry (the issue of seizing one's right).

We advise the wife to fear Allah, to return to the ruling of Islamic law, and to seek judgment from the competent Shariah authorities.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
73279
Imported
Translation status
Source text, unreviewed
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