What is an ibra'i divorce, and what is its effect on the spousal maintenance (nafaqah), frozen spousal maintenance, and the rights of the divorced woman and the child?
Divorce upon absolution (al-ibra’) stipulates that the husband requires the wife to relinquish all or some of her rights, and whatever is mutually agreed upon is waived. The majority of jurists hold that only the specified right is waived by mutual release (al-mubara’ah), contrary to Abu Hanifa and Abu Yusuf. Past maintenance is a binding debt upon the husband, and the child's maintenance is incumbent upon the husband if the mother spent with the intention of recourse against him or borrowed with his permission. In case of dispute, the Sharia judge shall rule.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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