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Question
Salam Alikom AIT , I have a question and i need your Fatwa regarding the below Matter urgently please . i’m a X years old Woman , divorced for 2 years now and i have a X years old girl. My ex. Husband was emotionally and financially abusive during our 10 years of marriage . i’m the one asked for the divorce however , i also asked my Ex. husband to pay me all my rights from ( Nafaqa , Mahreya , and deferred and all the money he has taken from me during. the 10 years ) He refused ofcourse , but he also got in contact with my father back in Egypt and my father claimed that because he was my guardian when i got married he is entitled to release him from all his financial duties after divorce !! he said i’m not entitled to Mahreya nor Nafaqa nor anything because i asked for Divorce. I asked him for divorce and he divorced me willingly and without any court involvement. I need your religious Fatwa on this matter please. Thank you .
Answer
بسم الله الرحمن الرحيم
السلام عليكم و رحمة الله و بركاته
حامدا و مصليا و مسلما
Muhtaramah
We have received your query regarding Mahr and Nafaqah after divorce, we apologise for the belated reply, our response is as follows:
The institution of dowry (mahr) in Shariah is an entrenched right accorded to the female spouse in a marriage as an appreciation by the husband of her accepting his hand in marriage. In the scenario wherein a marriage was consummated then the husband is required to pay for the Mahr. Thus you are entitled to the Mahr if the marriage was consummated.
With regards to the Nafaqah, the Fuqaha (Islamic Jurists) have stated that husband does not need to pay for Nafaqah for periods that have lapsed. Yes, Nafaqah is necessary during marriage and also a divorcee receives maintenance from her ex-husband for the duration of her Iddat[1]
And Allah Ta’ala knows best
Answered by:
Muhammad Irshad Motara
6th Muharram 1446
13th July 2024
[1] Shami vl 3, pg 594 & Shami vl 3, pg. 609
