What are the reforms to the alimony law after divorce, and is it permissible for a woman to breastfeed, in the laws of Jordan, Egypt, and Israel, and what are the sources for this topic, along with mentioning the opinion of the four schools of thought?
The jurisprudential schools (madhahib) agreed on the obligation of maintenance (nafaqa), clothing (kiswa), and lodging (sukna) for a woman divorced with a revocable divorce (talaq raj'i), because she is considered to be in the status of a wife. As for a woman observing the 'iddah period after an irrevocable divorce (talaq ba'in), the madhahib differed. Some obligated for her all rights, similar to the revocably divorced woman, while others did not obligate anything for her. Some obligated only lodging for her, citing the verse: "Lodge them where you dwell, according to your means."
The Hanafis obligated maintenance and lodging for her, whether she was revocably or irrevocably divorced. As for the Hanbalis, Shafi'is, and Malikis, they differentiated between pregnant and non-pregnant women. They obligated maintenance and lodging for a pregnant woman who was irrevocably divorced, but did not obligate anything for a non-pregnant woman. However, the Malikis and Shafi'is obligated only lodging for her if she was not pregnant. The Malikis stipulated that the dwelling must be owned by the husband or rented, and its rent paid before the divorce.
Regarding the breastfeeding of a child, most scholars agreed that breastfeeding the child is not obligatory upon the mother but upon the father. However, the Malikis differentiated between a noblewoman (sharifa) who does not customarily breastfeed, and thus is not compelled, and one who customarily breastfeeds, and thus is compelled.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/57598
- Source platform
- Ftawy
- Original fatwa ID
- 57598
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy