Mufti Online — Madrasah Ta'leemuddeen

Ex-wife filing for maintenance after divorce and husband using interest money to pay

· 26 Rabiʻ I 1440 AH2 min readEnglish

Question

In Indian Law the Honourable Court allows ex-wife to file maintenance cases after divorce from ex-husband of any religion if they want. I gave Talaq Ahsan to my ex-wife and relieved her from matrimonial bonds after reconciliation failed between us. I had handed over the Mahr money to her. Now Talaq Ahsan is completed. My ex-wife took all her belongings from matrimonial home.

Now my ex-wife filed a case in the court for maintenance, the Hon'ble court has passed Rs 10 000/- per month as part of maintenance. I am working as a sales executive and my salary is Rs 10 000/-, it is not possible for me to fulfill the court order based on my income as I have to bear my expenses too from the same salary. I will have to fulfill the Hon'ble court order in order to avoid jail term over non-payment.

I have approached many trust and some people for help to fulfill this order. The trust and people informed me that they can help to some extent not completely but it will be in a way of zakaat and some people said that they will hand me bank interest money. Can you please provide your views with respect to Islamic Law if this is correct to collect zakaat and bank interest money on behalf of my ex-wife to avoid consequences of jail?

Answer

Yes.

And Allah Ta'ala (الله تعالى) knows best.

(Scroll down for more information regarding this question)

Q: When I asked respectable scholars of Islam about filing for maintenance with respect to Islam they said it is not correct to file maintainenace case after Talaq Ahsan as we need to be depended on Allah and not ex-husband as mentioned in the Quran. When same was informed to the father of my ex-wife he said I will follow the Law of the Land and not Law of Allah in filing maintenance cases.

1. Is it correct on her path to file maintenance case as per Law of the Land to claim maintenance from ex-husband as per Islam?

2. If anyone supporting her demands and supporting her to file false cases is it correct?

A:

1. It is haraam.

2. It is supporting the matter that is haraam.

And Allah Ta'ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

Answered by
Mufti Ebrahim Salejee (Isipingo Beach)
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/27749
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-27749

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