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The question

Is it permissible to demand maintenance after agreeing to waive it prior to the divorce?

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

It is not a husband's right to stipulate that his wife relinquish her property in exchange for him settling his debt, unless it is with her full consent, for the Prophet, peace and blessings be upon him, said: "The property of a Muslim person is not lawful [to take] except with his full consent." What is taken by the sword of shyness is not owned by the taker. He is also not permitted to stipulate the waiver of maintenance after divorce in exchange for settling the debt, unless it is a khulʿ (a woman-initiated divorce). He must provide for her as long as the marriage exists. If a dispute arises concerning this, the court must be consulted. It is not permissible for a husband to abandon his wife and leave her in limbo; he must fulfill her rights as long as she is under his marital bond. Reconciliation is advised whenever possible.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
158952
Imported
Translation status
Source text, unreviewed
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