Divorce Maintenance

Fatwa ID: 03741

Answered by: Maulana Maqtaur Rahman

 

Question

I have a question about my marriage.

I got married but I didn't see or sign the contract. My father was contacted over the phone at the time of our nikah. I haven't had any contact with my father since I was born 32 years ago. He consented only to receive payment in return. I was not present at nikah and I didn't get any mahr payment. My husband refused to do a legal marriage and that way I will have no security if he divorces me. I'm confused and so distressed. What can I do? What about my children's and my maintenance?

He's not religious at all but is hiding behind nikah done in front of Allah and says he doesn't respect western law marriage. Also, I had got menses on the night we got married. We didn't have any relations until 8 days after. I feel such a fool that I didn't know the rules and I feel I was taken advantage of. Please advise me Insha'Allah.

 

 

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

In the name of Allah, the Most Gracious, the Most Merciful

 

Answer:

The mahr is a right of the wife which the husband gives at the time of the nikah.

Allah in the Holy Quran has said: “And give the women their mahr in good optimism”. [1]

It is compulsory for the husband to pay the mahr unless the wife, by her own will and without any pressure, pardon the husband in paying it. [2]

 

Regarding the maintenance Allah says:

“A man of vast means should spend according to his vast means. And anyone whose sustenance is limited should spend from whatever Allah has given to him.”[3]

If both the husband and wife are rich, then the wife will receive the maintenance of rich people. If both of them are poor, then she will receive that of poor people. And if the husband is poor and the wife is from a rich family or vice versa, then the wife will receive the maintenance of average quality.”[4]

Therefore, the husband must provide a means of maintenance for you and your children if the divorce was to take place.

 

 

Only Allah knows best

Written by Maulana Muqtaur Rahman

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

 


[1] Surah Nisa v.4

 

[2] Mazahirul-Haq, v.4 p.104

 

[3] Surah Talaq v.7

 

[4] Raddul-Muhtar, v.5 p.284

 

 

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