{"id":15077,"date":"2020-05-20T17:05:10","date_gmt":"2020-05-20T17:05:10","guid":{"rendered":"http:\/\/daruliftabirmingham.co.uk\/?p=15077"},"modified":"2020-05-20T17:05:10","modified_gmt":"2020-05-20T17:05:10","slug":"divorce-maintenance","status":"publish","type":"post","link":"https:\/\/daruliftabirmingham.co.uk\/home\/divorce-maintenance\/","title":{"rendered":"Divorce Maintenance"},"content":{"rendered":"

\n\tFatwa ID: 03741<\/strong><\/span><\/span><\/span><\/span><\/span>\n<\/p>\n

\n\tAnswered by: Maulana Maqtaur Rahman<\/span><\/span><\/strong><\/span><\/span><\/span>\n<\/p>\n

\n\t \n<\/p>\n

\n\tQuestion<\/u><\/strong><\/span><\/span>\n<\/p>\n

\n\tI have a question about my marriage.<\/span><\/span>\n<\/p>\n

\n\tI 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 <\/span><\/span>mahr<\/span><\/span> 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?<\/span><\/span>\n<\/p>\n

\n\tHe'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.<\/span><\/span>\n<\/p>\n

\n\t \n<\/p>\n

\n\t \n<\/p>\n

\n\t\u0628\u0650\u0633\u0652\u0645\u0650 \u0627\u0644\u0644\u0647\u0650 \u0627\u0644\u0631\u0651\u064e\u062d\u0652\u0645\u0646\u0650 \u0627\u0644\u0631\u0651\u064e\u062d\u0650\u064a\u0652\u0645<\/span><\/strong><\/span><\/span>\n<\/p>\n

\n\tIn the name of Allah, the Most Gracious, the Most Merciful<\/u><\/strong><\/span><\/span>\n<\/p>\n

\n\t \n<\/p>\n

\n\tAnswer:<\/u><\/strong><\/span><\/span>\n<\/p>\n

\n\tThe mahr is a right of the wife which the husband gives at the time of the nikah.<\/span><\/span>\n<\/p>\n

\n\tAllah in the Holy Quran has <\/span><\/span>said<\/span><\/span>: “And give the women their mahr in good optimism”. [1]<\/a><\/span><\/span>\n<\/p>\n

\n\tIt is compulsory for the husband to pay the mahr unless the wife, by her own will and without any pressure, <\/span><\/span>pardon<\/span><\/span> the husband in paying it. [2]<\/a><\/span><\/span>\n<\/p>\n

\n\t \n<\/p>\n

\n\tRegarding the maintenance Allah says:<\/span><\/span>\n<\/p>\n

\n\t“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]<\/a><\/span><\/span>\n<\/p>\n

\n\tIf 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]<\/a><\/span><\/span>\n<\/p>\n

\n\tTherefore, the husband must provide a means of maintenance for you and your children if the divorce was to take place.<\/span><\/span>\n<\/p>\n

\n\t \n<\/p>\n

\n\t \n<\/p>\n

\n\tOnly Allah knows best<\/span><\/span>\n<\/p>\n

\n\tWritten by Maulana Muqtaur Rahman<\/span><\/span>\n<\/p>\n

\n\tChecked and approved by Mufti Mohammed Tosir Miah<\/span><\/span>\n<\/p>\n

\n\tDarul Ifta Birmingham<\/span><\/span>\n<\/p>\n

\n\t <\/p>\n

\n\t\t \n\t<\/p>\n

\n
\n

\n\t\t\t[1]<\/a> Surah Nisa v.4<\/span><\/span>\n\t\t<\/p>\n

\n\t\t\t \n\t\t<\/p>\n<\/p><\/div>\n

\n

\n\t\t\t[2]<\/a> Mazahirul-Haq, v.4 p.104<\/span><\/span>\n\t\t<\/p>\n

\n\t\t\t \n\t\t<\/p>\n<\/p><\/div>\n

\n

\n\t\t\t[3]<\/a> Surah Talaq v.7<\/span><\/span>\n\t\t<\/p>\n

\n\t\t\t \n\t\t<\/p>\n<\/p><\/div>\n

\n

\n\t\t\t[4]<\/a> Raddul-Muhtar, v.5 p.284<\/span><\/span>\n\t\t<\/p>\n

\n\t\t\t \n\t\t<\/p>\n<\/p><\/div>\n<\/div>\n

\n\t <\/p>\n","protected":false},"excerpt":{"rendered":"

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