Her husband has left Islam; is she entitled to maintenance during the ‘iddah period?
Question: 10122
I got married to a person who had been a Christian, then he claimed to be a Muslim and started to pray. I lived with him for a while, then he left Islam and stopped praying. I had the marriage declared null and void, and I have started my ‘iddah. Am I entitled to maintenance from him during the ‘iddah?
Praise be to Allah, and peace and blessings be upon the Messenger of Allah and his family.
Yes, you are entitled
to maintenance during the ‘iddah, because the separation happened because
of the husband, since he left Islam. Imaam al-Shaafa’i (may Allaah have
mercy on him) said in Kitaab al-Umm (vol. 6), “If he – i.e.,
the husband – becomes an apostate (leaves Islam), he should still spend
on her (maintenance) – i.e., the wife – during her ‘iddah, because she
is not finally divorced until the ‘iddah is over.”
Source:
Sheikh Muhammed Salih Al-Munajjid
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