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Lesson 71
Post-Separation
Al-`Iddah
(woman's post-marital waiting period)
·
Those women whose husbands parted
from them because of divorce or death should wait a fixed period (`Iddah) not to
be married or engaged, with the exception to the ones who were divorced before
coition.
· The post-marital waiting period of
the divorced woman is three menstrual periods, unless she is pregnant.
· The post-marital waiting period of
the pregnant woman ends when she gives birth.
· The post-marital waiting period of the non-menstruating woman is three months.
Financial support
·
The financial support of the wife is
a duty on the husband throughout the marriage and during the post-marital
waiting period. The maintenance standard is determined by the financial
capability of the husband and the wife's condition.
· The man is responsible for
financially supporting his parents if they need so, and his sons and daughters,
until his sons become financially independent and the daughters are married.[17]
Custody
·
The custody of children is a duty on
parents, if not so the nearest kin.
·
The conditions for the custodians
are that they be sane, mature, Muslim, free from any contagious diseases, and
able to take care of the child.
·
If the parents are divorced, the
mother has the right of custody if she is not married, otherwise custody will go
to her mother.
· The custody period is until the son
reaches puberty and the girl gets married. The period of custody with the mother
is seven years for the daughter, then she moves to the custody of the father,
while the son chooses between them. If he does not make a decision, lots are
drawn.
· In all cases, the father is
responsible for his children's financial support and payment of the custodian.[18]
Evidence from Qur'an and Sunnah
Al-`Iddah
(woman’s post-marital waiting period):
Allah says:
(البقرة:
228)
This
means: “And divorced women shall wait (as regards their marriage) for
three menstrual periods.” (2, Al-Baqarah: 228)
Allah says:
This
means: “Those of you who die and leave wives behind them, they (the wives)
shall wait (as regards their marriage) for four months and ten days.” (2,
Al-Baqarah: 234)
Allah says:
This
means: “O you who believe! When you marry believing women, and then
divorce them before you have sexual intercourse with them, no 'Iddah
[divorce prescribed period] have you to count in respect of them. So give
them a present, and set them free i.e. divorce, in a handsome manner.”
(33, Al-Ahzab: 49)
Allah says:
This
means: “And those of your women as have passed the age of monthly courses,
for them the 'Iddah (prescribed period), if you have doubts (about their
periods), is three months, and for those who have no courses [(i.e. they are
still immature) their 'Iddah (prescribed period) is three months likewise,
except in case of death] And for those who are pregnant (whether they are
divorced or their husbands are dead), their 'Iddah (prescribed period) is
until they deliver (their burdens), and whosoever fears Allah and keeps his
duty to Him, He will make his matter easy for him.” (65, At-Talaq: 4)
The Prophet (peace be
upon him) said:
“Stay
in your house till the term lapses.”
(Reported
by An-Nasa’i)
He (peace be upon him) also said:
“It is not lawful
for a man who believes in Allah and the Last Day to water what another has
sown with his water (meaning intercourse with women who are pregnant).”
(Reported by At-Tirmidhi)
Financial support:
Allah says:
This
means: “Men are the protectors and maintainers of women, because Allah has
made one of them to excel the other, and because they spend (to support
them) from their means.” (4, An-Nisa’: 34)
Allah says:
(الطلاق:
6)
This
means: “Lodge them (the divorced women) where you dwell, according to your
means, and do not treat them in such a harmful way that they be obliged to
leave. And if they are pregnant, then spend on them till they deliver. Then
if they give suck to the children for you, give them their due payment, and
let each of you accept the advice of the other in a just way. But if you
make difficulties for one another, then some other woman may give suck for
him (the father of the child).” (65, At-Talaq: 6)
Allah says:
(الإسراء: 23)
This
means: “And that you be dutiful to your parents.” (17, Al-Isra’: 23)
The Prophet (peace be
upon him) said:
“And
their right is that you should treat them well in the matter of food and
clothing.” (Reported by At-Tirmidhi)
He (peace be upon him)
also said:
“A son says: Give me
food; to whom do you leave me?”
(Reported
by Al-Bukhari)
Custody:
The Messenger of Allah
(peace be upon him) told the woman whose husband divorced her and took their
son in his custody:
“You have more
right to him as long as you do not marry.”
(Reported by Abu Dawud)
He (peace be upon him)
also said:
“The maternal aunt
is like mother.”
(Reported
by Al-Bukhari)