Divorce is a challenging and emotionally draining experience for anyone, but women especially struggle financially and socially after a divorce. Women are entitled to several rights, including post-divorce maintenance, child custody, etc.
Nafkah Iddah provides financial provisions for women during the waiting period after divorce, ensuring they have a safety net to meet their necessities. Also, Islamic Sharia prioritizes the mother in child custody cases, honoring the bond between a mother and her children and protecting their best interests.
These rights include financial provisions, child custody, property division, and the right to claim maintenance in arrears. As part of this article, we will explore the rights that Muslim women are entitled to receive after a divorce.
Rights of Woman After Divorce in Islamic Sharia
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When considering the rights of women after divorce in Islamic Sharia, there are several important points to consider.
1. Nafkah Iddah: Ensuring Post-Divorce Maintenance
To ensure post-divorce maintenance for women, Islamic Sharia mandates providing Nafkah Iddah, a financial provision covering essential needs during the waiting period. This provision is a crucial part of Islamic law that aims to support women during a vulnerable phase.
The waiting period, known as ‘Iddah, typically lasts for three months. The woman may not remarry during this time and is entitled to financial support to meet her necessities.
Allah SWT says,
يَـٰٓأَيُّهَا ٱلنَّبِىُّ إِذَا طَلَّقْتُمُ ٱلنِّسَآءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ وَأَحْصُوا۟ ٱلْعِدَّةَ ۖ وَٱتَّقُوا۟ ٱللَّهَ رَبَّكُمْ ۖ لَا تُخْرِجُوهُنَّ مِنۢ بُيُوتِهِنَّ وَلَا يَخْرُجْنَ إِلَّآ أَن يَأْتِينَ بِفَـٰحِشَةٍۢ مُّبَيِّنَةٍۢ ۚ وَتِلْكَ حُدُودُ ٱللَّهِ ۚ وَمَن يَتَعَدَّ حُدُودَ ٱللَّهِ فَقَدْ ظَلَمَ نَفْسَهُۥ ۚ لَا تَدْرِى لَعَلَّ ٱللَّهَ يُحْدِثُ بَعْدَ ذَٰلِكَ أَمْرًۭا ١
“O Prophet! ˹Instruct the believers:˺ When you ˹intend to˺ divorce women, then divorce them with concern for their waiting period, and count it accurately. And fear Allah, your Lord. Do not force them out of their homes, nor should they leave—unless they commit a blatant misconduct. These are the limits set by Allah. And whoever transgresses Allah’s limits has truly wronged his own soul. You never know, perhaps Allah will bring about a change ˹of heart˺ later.” [Surah At-Talaq, Ayat: 1]
2. Child Custody: Prioritizing the Mother-Child Relationship
The custody of children is primarily awarded to the mother in Islamic Sharia, recognizing the special bond between mother and child. This prioritization is rooted in the belief that mothers are uniquely suited to nurture and care for their children.
Islamic theology emphasizes the importance of a child’s emotional and physical well-being, which means a mother’s presence and influence are essential. While the father has responsibilities to provide financial support, the mother is seen as the primary caregiver.
3. Matrimonial Property Division: Fair Distribution Upon Divorce
In Islamic Sharia, the division of property (Mahr) upon divorce is important in safeguarding women’s financial interests. It recognizes their contribution to the acquisition of marital assets during the marriage.
For instance, if the mahr, the dowry given by the husband, hasn’t been paid, the wife has the right to seek it. This provision ensures that both parties are treated fairly in the divorce process.
Allah SWT says in Surah: Al-Baqarah, Ayat: 237,
وَإِن طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةًۭ فَنِصْفُ مَا فَرَضْتُمْ إِلَّآ أَن يَعْفُونَ أَوْ يَعْفُوَا۟ ٱلَّذِى بِيَدِهِۦ عُقْدَةُ ٱلنِّكَاحِ ۚ وَأَن تَعْفُوٓا۟ أَقْرَبُ لِلتَّقْوَىٰ ۚ وَلَا تَنسَوُا۟ ٱلْفَضْلَ بَيْنَكُمْ ۚ إِنَّ ٱللَّهَ بِمَا تَعْمَلُونَ بَصِيرٌ ٢٣٧
“And if you divorce them before consummating the marriage but after deciding on a dowry, pay half of the dowry, unless the wife graciously waives it or the husband graciously pays in full. Graciousness is closer to righteousness. And do not forget kindness among yourselves. Surely Allah is All-Seeing of what you do.”
Under Islamic law, a Syariah Judge is responsible for assessing each spouse’s contribution to property acquisition and ensuring a fair distribution. This process considers various factors, such as the financial contributions made by each spouse and their respective roles in acquiring assets.
Understand the Rights of Muslim Women After Divorce
The rights of women after a divorce in Islam represent a significant aspect of Islamic law that emphasizes social and moral values. These rights aim to support women and ensure that they are not left vulnerable after divorce.
By honoring and guaranteeing these rights, Islamic Sharia promotes gender equality and strengthens the position of women in society. Women must be aware of their rights to protect themselves and their families during this challenging period.
We hope this blog post has shed some light on Muslim women’s rights after divorce and has provided valuable information to empower them to move forward.
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