Iddah - Please reply

Question

My husband divorced me. At the time of divorce I was living with my father. Does my husband still have to pay maintenance for my iddah?

My husband and I have one daughter together. He has not come to see her in seven years except for during a few short visits when we went to see him. He has not supported her financially except for a few occasions. He has taken no interest and has not even phoned. After divorce who has right to custody of child?

Ml. Luqman Hansrot · Accepted Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatuh

In order to answer your query with regards to the maintenance of your Iddah, Kindly inform us, when your husband issued you a divorce. Previously or now and also explain to us in what circumstances did the divorce take place.

1. However with regards to your child’s expenses, it is necessary for your husband to pay for all the expenses which are borne in order to bring up your child.

1.1 In principle the right of custody of a girl remains with the mother until she is of nine years of age, after this age, it is the right of the father to exercise the right of custody. Hence if he does not exercise his right he has waved and relinquished his right.

(Bahisti Zewar, Zam Zam Publishers, Vol 1, Pg 420,421)

And Allah knows best

Wassalaamu `alaykum

Ml. Luqman Hansrot,

Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai

Darul Iftaa, Madrassah In'aamiyyah

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