Home Fatawaa Al’Ṭalāq (Divorce) maintenance for a lady who absconded from her husband

maintenance for a lady who absconded from her husband

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Question: A pregnant woman left her husband (absconded) in May. A Talaaq was issued in August. Is she entitled to maintenance from May to August and from August to the delivery of the baby?

Anwer: In Islamic Jurisprudence, it is unanimously accepted that, that woman who runs away from her husband (in disobedience) is not to be given any maintenance (i.e. it does not remain her right.)

This seems to be the case right from May till the expected delivery. Thus for all that time she will be deprived of it. Yes, if she were to return to her husband before childbirth then from that time until childbirth she will have the right to maintenance for only that period.

N.B. During her Iddat period she is entitled to have a place to stay.

Fatāwā Dārul Ulūm Zakariyyā, Vol. 4, Pg. 366-367

 


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