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(Book 29, Hadith 68) #36284
Maintenance for Divorced Women

SUMMARY: A woman who is divorced has no right to maintenance from her husband unless she is pregnant.

Yahya related to me from Malik that he heard Ibn Shihab say, "The woman who is absolutely divorced does not leave her house until she is free to remarry. She has no maintenance unless she is pregnant. In that circumstance the husband spends on her until she gives birth". Malik said, "This is what is done among us".
وَحَدَّثَنِي عَنْ مَالِكٍ، أَنَّهُ سَمِعَ ابْنَ شِهَابٍ، يَقُولُ الْمَبْتُوتَةُ لاَ تَخْرُجُ مِنْ بَيْتِهَا حَتَّى تَحِلَّ وَلَيْسَتْ لَهَا نَفَقَةٌ إِلاَّ أَنْ تَكُونَ حَامِلاً فَيُنْفَقُ عَلَيْهَا حَتَّى تَضَعَ حَمْلَهَا ‏.‏ قَالَ مَالِكٌ وَهَذَا الأَمْرُ عِنْدَنَا

TOPICS
divorce  *  maintenance  *  pregnancy  *  talaaq  *  nafaqa  *  haml

QUICK LESSONS:
Provide financial security for women after divorce . Respect and protect women's rights .

EXPLANATIONS:
This hadith discusses the rights of a woman who has been divorced. According to this hadith, a woman who is absolutely divorced does not have the right to leave her house until she is free to remarry. Furthermore, she does not have any maintenance from her husband unless she is pregnant. In that case, the husband must provide for her until she gives birth. This ruling was based on what was done among them at that time and it still applies today in many Islamic countries. It serves as an example of how Islam protects women's rights and provides them with financial security even after divorce.

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