Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

Salam Burhan brother,

I have gone through the Q&A`s of Divorce section and got lot of information on the subject.

I have three questions on it

1. There is iddah period when there a divore intended. But do you really think people follow it, because wife and husband thinks of divorce when differences crop between them and when they will not be able to stay together.

2. Especially when a women is pregnent and her husband divorces then her iddah period is till she delivers the baby, but since differences are there she will not stay with her husband. So in this case if she stays at her parents home, should the husband pay out all the deliver expenses.

3. And if a pregnent wife gives divore then who should take care of the expenses of delivery and child (till he grows up)? wife or husband??

Jazak Allah khair 

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Conditions at declaring Divorce

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Your Question: There is iddah period when there a divore intended. But do you really think people follow it, because wife and husband thinks of divorce when differences crop between them and when they will not be able to stay together.

Allah Says in the Holy Quran Chapter 65 Surah Talaq verses 1-2:

1 O Prophet! When ye do divorce women divorce them at their prescribed periods and count (accurately) their prescribed periods: and fear Allah your Lord: and turn them not out of their houses nor shall they (themselves) leave except in case they are guilty of some open lewdness. Those are limits set by Allah: and any who transgresses the limits of Allah does verily wrong his (own) soul: thou knowest not if perchance Allah will bring about thereafter some new situation.

2 Thus when they fulfil their term appointed either take them back on equitable terms or part with them on equitable terms; and take for witness two persons from among you endued with justice and establish the evidence (as) before Allah. Such is the admonition given to him who believes in Allah and the Last Day. And for those who fear Allah He (ever) prepares a way out.

Dear and Beloved brother, indeed divorces occur when a man and a woman who once vowed to live, love, and honor each other in the sacred institution of marriage are not able to reconcile their differences and wish to live separate from each other.

Your Statement: But do you really think people follow it

If one looks at the state of divorces today, one indeed gets a feeling that the animosity between two people who once chose to love and honor each other are so overwhelmed by their hate, that no sooner a divorce is initiated, each bring a mountain of accusations and blame on the other and make a mess of their state of affairs!

But those who sincerely fear Allah and know that they will be brought forth to account in His Majestic Presence on an Inevitable Day, are guided to control themselves and not let their emotions and hatred get the better of their righteous behavior. Allah commands and reminds the believers time and again to fear Him, and commands them that just as they once chose to get united in the sacred institution of marriage with love and honor, if at all they wish to separate, they should do so with honor, generosity, and magnanimity.

Allah Subhanah has declared the exact rights which are due to each party during a divorce proceedings and its aftermath, and every believer who sincerely believes in Allah and the accounting in His Majestic Presence is duty bound to obey and fulfill each of these rights in full.

Under normal circumstances, when the revocable (the 1^st or 2^nd) divorce is pronounced, neither the husband shall strive or do things to force his wife to leave the house; nor the wife should strive or take steps to leave…but rather both should fear Allah, trust His Wisdom, and with honor, patience, generosity and magnanimity strive to fulfill the commands of their Lord Creator.

Your Question: Especially when a women is pregnent and her husband divorces then her iddah period is till she delivers the baby, but since differences are there she will not stay with her husband. So in this case if she stays at her parents home, should the husband pay out all the deliver expenses.

Allah Says in the Holy Quran Chapter 65 Surah Talaq verses 5-7:

5 That is the Command of Allah which He has sent down to you: and if anyone fears Allah He will remove his ills from him and will enlarge His reward.

6 Let the women live (in 'iddah) in the same style as ye live according to your means: annoy them not so as to restrict them. And if they carry (life in their wombs) then spend (your substance) on them until they deliver their burden: and if they suckle your (offspring) give them their recompense: and take mutual counsel together according to what is just and reasonable. And if ye find yourselves in difficulties let another woman suckle (the child) on the (father's) behalf.

7 Let the man of means spend according to his means: and the man whose resources are restricted let him spend according to what Allah has given him. Allah puts no burden on any person beyond what He has given him. After a difficulty Allah will soon grant relief.

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verses 232-233:

232 When ye divorce women and they fulfil the term of their (`Iddat) do not prevent them from marrying their (former) husbands if they mutually agree on equitable terms. This instruction is for all amongst you who believe in Allah and the Last Day. That is (the course making for) most virtue and purity amongst you and Allah knows and ye know not.

233 The mothers shall give suck to their offspring for two whole years if the father desires to complete the term. But he shall bear the cost of their food and clothing on equitable terms. No soul shall have a burden laid on it greater than it can bear. No mother shall be treated unfairly on account of her child nor father on account of his child. An heir shall be chargeable in the same way if they both decide on weaning by mutual consent and after due consultation there is no blame on them. If ye decide on a foster-mother for your offspring there is no blame on you provided ye pay (the mother) what ye offered on equitable terms. But fear Allah and know that Allah sees well what ye do

If the differences between the couple are such that the only honorable option for them is to live separately even before their divorce is finalized, under all circumstances the complete financial cost of the upkeep of the pregnant woman will the responsibility of the husband until the baby is delivered.

Regardless of the hatred and animosity between the husband and the wife during this period of divorce, the husband is duty bound to fulfill his complete financial responsibility according to his means. If the husband does not fulfill his financial responsibility, the wife has a right to move the Shariah Courts and demand her right.

Your Question: And if a pregnent wife gives divore then who should take care of the expenses of delivery and child (till he grows up)? wife or husband??

Regardless of who initiates the divorce, it is the husband who is responsible for the complete financial upkeep of the child from its delivery until the child grows up, according to the means provided to him by his Lord.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and well wisher in Islam,

Burhan