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entitled to maintenance

Explore Verses Related to entitled to maintenance

At a Glance

According to search-discovered classical Islamic scholarship, a woman 'entitled to maintenance' after divorce is granted specific financial rights known as Nafaqah and Mut'ah. Nafaqah refers to the obligatory sustenance—including food, clothing, and lodging—that a husband must provide his divorced wife throughout her 'iddah (waiting period), a ruling derived from Surah At-Talaq (65:1). Complementing this is the concept of Mut'ah ('mataa'un bil-ma'roof'), a reasonable provision or consolatory gift mandated in Surah Al-Baqarah (2:241) as 'a duty upon the righteous.' Ibn Kathir explains this provision is meant to soothe the feelings of the divorced woman. Al-Qurtubi further details the conditions for Nafaqah, linking it to the type of divorce. While scholars universally agree on the obligation of Nafaqah during the 'iddah, they differ on whether Mut'ah is obligatory for all divorced women or highly recommended, with the Shafi'i school viewing it as a binding duty. This dual system ensures both the immediate needs and the honor of the woman are upheld, reflecting Islamic law's emphasis on justice and compassion.

📖 Quranic Context

A central pillar of financial rights and responsibilities within Islamic family law, ensuring the dignity and security of women after divorce.

Fulfilling the duty of maintenance is presented as an act of taqwa (God-consciousness) and righteousness.

References: 2:241, 65:1

💭 Theological Perspective

Recognizes the financial vulnerability that can arise from divorce and establishes a system of support.

The provision of a consolatory gift (Mut'ah) addresses the emotional and psychological impact of divorce.

Provides clear legal and ethical guidelines for the dissolution of marriage, preventing oppression and ensuring justice.

Fulfilling this duty is a measure of a person's righteousness and fear of Allah.

📜 Hadith Perspective

The Prophet Muhammad's rulings in various cases of divorce further detailed the types and amounts of maintenance.

  • Hind bint Utbah's complaint to the Prophet about her husband's stinginess, establishing a wife's right to take what is reasonable.
  • Rulings on maintenance for women in different types of divorce (revocable vs. irrevocable).

Universal agreement on the husband's obligation to provide maintenance (Nafaqah) to his wife during the marriage and during the waiting period (iddah) of a revocable divorce.

💎 Deeper Insights

The phrasing in 2:241, 'a duty upon the righteous' ('haqqan 'ala al-muttaqin'), elevates the act of giving a consolatory gift from a mere legal transaction to a defining characteristic of piety. It implies that while a court may enforce a minimum, a person's true spiritual standing is demonstrated by their generosity in this moment.

Ibn Kathir, Al-Qurtubi

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