Source: http://qa.muftisays.com/?8021
Question ID: #8021
 
Question: Islamic POV on Ailomony
We are a Muslim family of 5 living in Canada.

My mom has gone through a-lot with my dad during her past 25 years with him. She finally was able to find a place at cooperative home that would accommodate us and her.

My dad agreed on the basis that she agrees to sell the home that we used to live in. She agrees but asks for half of the net sale of the house goes to her. Considering that this is what she is legally entitled to.

They have been living separately for over a year now. My mom wants to make everything official between them in terms of separation.

My dad says he is willing to go and sign the documents to legally divorce her but he is not going to be giving her alimony support considering that the money she has got from the sale of the house is claimed to be like a support and alimony to her (~ $50K).

Is what my dad proposing justified from an Islamic point of view?
 
 
Answered by: Ulamaa ID 04 (London)
Date: 16/02/2023 23:52pm

بسم الله الرحمن الرحيم

الجواب حامداومصليا

Giving maintenance is Wajib (necessary) whilst wife is passing her Iddat period.

وإذا طلق الرجل إمرأته فلها النفقة والسكني في عدتها رجعيا كان الطلاق أو بائنا
(اللباب في شرح الكتاب ٤/٢٣٣،دار البشائر)

And Allah knows best

20 Rajab 1444/ 11 February 2023


Mufti Qamruzzaman

London, UK
 
www.MuftiSays.com