Published on Oct 15, 2016 Prof.Faizan Mustafa with Ravish on NDTV Primetime on'Uniform Civil Code , Tripple Talaq and Muslim Personal Law Board: Why There is Dissent Against Uniform Civil Code’.
The rights of a divorced woman in Islam
Even the divorced woman has the following rights:
a. Islam states that when a man divorces his wife, he must pay her the delayed dowry agreed upon in the marriage contract, in addition to the expense of her maintenance of food, drink and living quarters for a certain period of time, known as the "iddat". The husband is legally and religiously charged with his children's financial maintenance, and for wet nurses to breast feed them. If their mother breast feeds them herself, the father has to give the divorced mother compensation for her nursing as is stated in the following Quranic verse "And if they suckle your (offspring) give them their recompense " (Surah LXV, verse 6).
a. Islam states that when a man divorces his wife, he must pay her the delayed dowry agreed upon in the marriage contract, in addition to the expense of her maintenance of food, drink and living quarters for a certain period of time, known as the "iddat". The husband is legally and religiously charged with his children's financial maintenance, and for wet nurses to breast feed them. If their mother breast feeds them herself, the father has to give the divorced mother compensation for her nursing as is stated in the following Quranic verse "And if they suckle your (offspring) give them their recompense " (Surah LXV, verse 6).
The laws of financial support for the divorced wife and her
children, the custody of the children, financial support during the period of
waiting, financial maintenance for nursing the children are all in the divorced
woman's favour and this is verified by the following Quranic verses : "When ye divorce women, and they fulfil the term of
their (Iddat), either take them back on equitable terms or set them free on
equitable terms; but do not take them back to injure them, (or) to take undue
advantage ; if any one does that, he wrongs his own soul. Do not treat God's
Signs as a jest, but solemnly rehearse God's favours on you, and the fact that
He sent down to you The Book and Wisdom for your instruction. And fear God, and
know that God is well acquainted with all things. When ye divorce women, and
they fulfil the term of their (Iddat), do not prevent them from marrying their
(former) husbands, if they mutually agree on equitable terms. This instruction
is for all amongst you, who believe in God, and the Last Day. That is (the
course making for) most virtue and purity amongst you. And God knows and ye
know not." (
Surah II, verses 231-232)
Also a divorced woman has the
right to see and interact with her children allowing her to give them
compassion and caring. And if they are in her custody, he should provide for
them:
-housing
-feeding
-clothing
-servant ( if they had during marriage period)
- medical care
-allowance
-pay for their education
- transportation
The sum of theses services are assigned by the judge in accordance to the father financial ability and what they are accustomed to.
In many islamic country the failing to do this on time will result in jail retention.In Saudi Arabia the law states that if the father does not pay within two weeks from notifying the police , he will be detained until standing in front of a judge to determine reasons and may result in direct deduction from his salary at his place of employment and may be jailed. This amount will remain a debt on him until he or any member of his family pays it.
-feeding
-clothing
-servant ( if they had during marriage period)
- medical care
-allowance
-pay for their education
- transportation
The sum of theses services are assigned by the judge in accordance to the father financial ability and what they are accustomed to.
In many islamic country the failing to do this on time will result in jail retention.In Saudi Arabia the law states that if the father does not pay within two weeks from notifying the police , he will be detained until standing in front of a judge to determine reasons and may result in direct deduction from his salary at his place of employment and may be jailed. This amount will remain a debt on him until he or any member of his family pays it.
Final
notes:
-The custody is for the mother if she is fit, she will have such custody of her girls until the age of seven, and the boy until twelve ,then he is asked by the judge of his preference. In spite of theses guide lines the fathers as they tend to their own lives the girls remain with the mother usually until 16 if the father does not claim them.
- the mother may lose the custody if she marry a person who is not kin to these children.
-The custody is for the mother if she is fit, she will have such custody of her girls until the age of seven, and the boy until twelve ,then he is asked by the judge of his preference. In spite of theses guide lines the fathers as they tend to their own lives the girls remain with the mother usually until 16 if the father does not claim them.
- the mother may lose the custody if she marry a person who is not kin to these children.
Dr
Alsulaiman
KITABUN TALAQ, read in Details http://www.iium.edu.my/deed/hadith/muslim/009_smt.html
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