Firstly, in the terminology of jurists, “alimony” refers to providing a person with the necessities of life that are obligatory upon the provider, including food, drink, clothing, medication, covering, and anything essential for sustaining life. The obligated individual must provide these necessities according to their financial capability, whether they are wealthy or poor. This concept is supported by the verse in the Quran: “Let him who has abundance spend out of his abundance” [At-Talaq, 65:7].
Secondly, alimony is generally obligatory for three reasons: marital relationship, kinship, and ownership.
Marital relationship: Such as a husband’s obligation towards his wives.
Kinship: Like a father’s responsibility towards his children.
Ownership: This applies to the master’s obligation towards their slaves, but it is important to note that this was applicable when slavery was practiced; nowadays, slavery is prohibited and considered a crime.
Secondly, the rulings of alimony vary based on the type of divorce, as divorce can take various forms. There is the revocable divorce (raj’i), the irrevocable divorce with minor separation (ba’in baynunah sughra), the irrevocable divorce with major separation (ba’in baynunah kubra), the divorce in exchange for money (talaq ‘ala maal) and khul’ (divorce initiated by the wife) according to whom who consider it as a divorce and not an annulment. Each situation has its own specific details and rulings:
– In the case of revocable divorce: The husband is obligated to provide for his wife during the waiting period (iddah). If she is pregnant, he must provide for her until she gives birth. If she is not pregnant, the provision is determined based on her menstruation cycle or menopausal state. The extent of the alimony is determined according to the husband’s financial ability and condition. This is a consensus among jurists. Alimony is only waived if the wife displays defiance (nushuz).
– In the case of the irrevocable divorce with minor separation : This occurs if a man divorces his wife for the first or second time and does not revoke the divorce during her waiting period. In this situation, he cannot remarry her unless they contract a new marriage with a new dowry (mahr).
If the woman fulfills the conditions mentioned above, she has the right to demand alimony for “mut’ah”. Mut’ah alimony is an amount paid by the man to the woman he divorced due to a matter outside her control, usually to alleviate her distress and provide assistance to her. Allah, the Most High, says: “O Prophet, say to your wives, ‘If you should desire the worldly life and its adornment, then come, I will provide for you and give you a gracious release.'” [ Al-Ahzab, 33:28]. And He also says: “And for the divorced women is a provision according to what is acceptable – a duty upon the righteous.” [Al-Baqarah, 2:241].
Jurists have differed in their rulings regarding this alimony:
The majority of scholars (jumhur) agree that this alimony is recommended (mustahabb) but not obligatory. The Shafi’i school holds the opinion that it is obligatory (wajib), and this view is also attributed to the Hanbali school and is reported as a position among the Maliki scholars. They base this view on the explicit wording of the aforementioned verse in Surah Al-Baqarah.
The Sharia judge estimates the value and duration of this alimony, but there are conditions that must be met:
1. The wife be married through a valid Islamic contract and the marriage should be consummate.
2. The divorce should have occurred without the wife’s consent or demand.
3. The wife should not be the cause of the divorce through words or actions.
– As for the case of “al-bainuna al-kubra” or what is commonly known as “al-mubtuta” (a form of divorce that occurs after a certain number of divorces have taken place), the jurists have differed in their opinions regarding the alimony during her waiting period (iddah):
The reason for this is the well-known narration of Fatimah bint Qais in this matter. It is reported that Al-Sha’bi narrated from Fatimah bint Qais that the Prophet, peace be upon him, said regarding a woman who has been divorced three times: “She has no place to live and no provision.” [Reported by Ahmad and Muslim].
There are also statements that contradict this narration, including:
– What was narrated by Al-Sha’bi regarding the Hadith of Fatimah bint Qays is that he mentioned that the Prophet, peace be upon him, did not grant her a dwelling or alimony. Upon hearing this, Aswad ibn Yazid grabbed a handful of pebbles and threw them at Al-Sha’bi, saying, “Woe to you! Are you speaking with such words?” Umar said, “We will not abandon the Book of Allah and the Sunnah of our Prophet, peace be upon him, for the statement of a woman. We do not know if she remembers or forgets.” [Reported by Muslim].
– Among them is the longer narration in text: Ubaidullah ibn Abdullah ibn Utba reported: “Marwan sent Qubaysah ibn Dhu’ayb to Fatimah and he asked her about her situation. She informed him that she was staying with Abu Hafs ibn Al-Mughirah. The Prophet, peace be upon him, had assigned Ali ibn Abi Talib, may Allah be pleased with him, to oversee a region in Yemen, and he left with her husband. Her husband then sent her a divorce that was still remaining for her. He instructed Ayash ibn Abi Rabiah and Al-Harith ibn Hisham to provide alimony for her. They said, ‘No, by Allah, she is not entitled to alimony unless she is pregnant.’ So she went to the Prophet, peace be upon him, and he said to her, ‘You are not entitled to alimony unless you are pregnant.’ She sought his permission to move, and he granted her permission. She asked, “Where should I relocate, O Messenger of Allah?” He replied, “To the home of Ibn Umm Maktoum.” He was blind, and she would place her clothes there, yet he could not see her. She remained there until her waiting period was over. The Prophet, peace be upon him, then married her to Usama. Qubaysah returned to Marwan and informed him of this. Marwan remarked, “We have only heard this narration from a woman, so we will adhere to the protective measures that people are accustomed to.” Upon hearing this, Fatimah said, “Between you and me stands the Book of Allah.” Allah said, “So divorce them for their waiting period.” [At-Talaq, 65:1] until He said, “You do not know; perhaps Allah will cause after that a matter to occur.” [At-Talaq, 65:1] What matter occurs after the three pronouncements of divorce?’ [Reported by Ahmad, Abu Dawood, An-Nasa’i, and Muslim in a similar meaning].”
Therefore, the scholars have differed in regards to the alimony of the woman in the state of “mubtutah”:
Some scholars have argued the irrevocablly divorced woman does not deserve any alimony or housing from her husband. This view was held by Ahmad, Ishaq, Abu Thawr, Dawud, and their followers. It is also narrated from Ibn Abbas, Al-Hasan Al-Basri, Ata, Al-Sha’bi, Ibn Abi Layla, Al-Awza’i, the Imamiyyah, and Al-Qasim.
The majority of scholars, as Ibn Hajar mentioned, hold the opinion that she does not deserve alimony but is entitled to housing. They use as evidence the verse: “Lodge them where you dwell, according to your means” [At-Talaq, 65:6] to establish the right to housing, and they infer the exclusion of alimony from the concept found in the verse: “And if they should be pregnant, then spend on them till they give birth” [At-Talaq, 65:6]. Their reasoning is that the verse implies that only pregnant women deserve alimony; otherwise, there would be no benefit in specifying the mention of pregnancy.
Our scholars in the school of the greatest Imam, may Allah be pleased with him, and as narrated from Umar and other companions, have taken the stance that alimony and housing are obligatory for her favour. They base this on the verse: “O Prophet! When you divorce women, divorce them for their prescribed waiting-period and calculate their waiting-period accurately. And fear Allah, your Lord. Do not evict them from their homes” [At-Talaq, 65:1]. The latter part of the verse, which prohibits their eviction, indicates the obligation of providing alimony and housing. This is further supported by the verse: “Lodge them where you dwell, according to your means” [At-Talaq, 65:6].
This is what we issue our legal opinion based on.
As for the financial support for a woman in the state of “mubtutah,” it is similar to that of the irrevocablly divorced woman “ba’ina.”
And Allah knows best.
Fatwa by Dr. Khālid Naṣr