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The question

What is the correct action for a divorced woman for whom the Messenger of Allah (peace be upon him) did not stipulate maintenance or lodging, as mentioned in the hadith of Fatimah bint Qays, and what is the legitimate solution in light of some governments resorting to imposing maintenance and lodging on the man?

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

The issue is a well-known point of contention. There are two opinions regarding the entitlement of a woman irrevocably divorced (al-mutallaqah al-ba'in) to housing:

First: She is entitled to housing. This was the view of Umar, his son (Abdullah ibn Umar), Ibn Mas'ud, Aishah, the seven jurists of Medina, Malik, Al-Shafi'i, and one narration from Ahmad.

Second: She is not entitled to housing. This was the view of Ali, Ibn Abbas, Jabir, Ata, Tawus, Al-, Ikrimah, Maymun ibn Mihran, Ishaq, Abu Thawr, Dawud, and one narration from Ahmad.

If the court adopts the view of scholars who state that a woman who is irrevocably divorced and not pregnant (al-mutallaqah al-ba'in al-ha'il) is entitled to neither maintenance nor housing, then she should go to her family's house or her own house. If she has no house and no maintenance, then she should be provided for from the Muslim treasury (Bayt al-Mal).

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Original fatwa ID
65967
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