Former Wife Rights in Islam

In a marriage to achieve the meaning of marriage in Islam, sometimes there are problems that lead to divorce, when the event occurs, often the communication relationship is broken and both do not carry out their respective obligations, not even a few who fight because of custody issues etc.


In Islam, according to the requirements of married men in Islam, an ex-wife who has been divorced by her husband still gets the rights in the form of rights and other things, this has been regulated in Islamic Shari'a, here is complete information about Ex-Wife Rights in Islam. In this case, there are various laws in accordance with the divorce event that occurred, namely:

1. If a husband divorces his wife, then the law grants him the right (livelihood), namely:

If the wife is pregnant
If when divorced, the ex-wife is pregnant, according to the law divorcing a pregnant wife then it is obligatory for the husband to continue giving him the right (income) (the cost of daily living) until his ex-wife gives birth. If his ex-wife has given birth then it is not obligatory for him to give him the right (income) again, because the term ‘iddah is completed and no longer predicate as his wife. According to the verse: "And if they (ex-wife of divorced ex-wives) are pregnant, then give them their rights until they give birth". QS. Ath Thalaq: 6

If you can still refer
If the ex-wife is not pregnant the divorce law for a pregnant woman and her divorce is raj'i divorce (which can still be reconciled), then when the 'iddah period is over, the husband is not obliged to give him the right (opinion) according to the Fatima binti hadith Qois from the Messenger of Allah, he said about divorced women, "There is no right of residence and right for him." (HR. Muslim 2717)

If it's still iddah period
Whereas if the ex-wife is still in the future ‘iddah then still get the rights of a widow in Islam, then the husband is still obliged to give him the right (income), because at that time he was still considered his ex-wife, until the term‘ iddah was finished. Or if the ex-wife is breastfeeding her child, then she must provide a wage / reward to his ex-wife for breastfeeding their children based on an agreement that has been agreed to by both, as in QS Ath Thalaq verse 6: "" then if they suckle (children ) You for you, then give them their wages. "

Therefore, if the ex-wife is still in the period of 'iddah and divorce of raj'i divorce (who can still reconcile), the husband still gives a ten percent allowance for the salary, but if the term is over, then their divorce is good officially recorded or not, the husband is not obliged to provide for his ex-wife and may not provide the ten percent allowance because he is no longer his ex-wife, even the husband must return the allowance, and is obliged to arrange his divorce official letter so that he no longer receives benefits that are not the right again.


2. Child care rights

Child is still small
If these children are still small, then the right to care is to the ex-wife, as long as the ex-wife is fit to care for them and has not remarried. As in the hadith of Abdullah bin Amr radiyallahu'anhu that a woman came complaining to the Prophet sallallaahu'alaihi wasallam after being divorced by her husband, and the husband wanted to take his child, the Prophet said: "You are more entitled to his care as long as you are not married again". (Abu Daud: 2276).


The child has reason
And if the children have reached the age of tammyiz (understanding) around the age of seven years, then they are given a choice, want to stay with their father or with their mother. As in HR Abu Daud (2244) that the Prophet sallallaahu'alaihi wasallam gave a choice for a child to choose to live with his father or mother.

If the wife is busy
But if the ex-wife is busy with her work, so that the maintenance of her children is not going well, or even neglected, then their father should persuade or ask his ex-wife to take their children to get better care and attention. If his ex-wife does not want to, while he is worried that his children will grow up in poor coaching conditions, then he should demand his maintenance rights to the court, arguing that their mother is no longer fit to maintain and nurture them.

Do not abandon children
If this is not the case, then both of them (their mother and father) are equally sinful because they abandoned the formation of their children. But if their father has tried his best, his case is still won by their mother, so their father does not bear any sins if his children are not well-developed, but he is still obliged to advise the ex-wife and pay attention to her children from afar, even though if they have reached the age of seven, they must be given a choice, want to stay with their father or mother.

3. Is the ex-husband obliged to provide for his children who live with his ex-wife?

Yes, he is still obliged to provide a living for his children who live with his ex-wife until the child reaches adulthood or can provide a living for himself, as for the daughter, then she is still obliged to provide her income until marriage. The magnitude of the value of the rights (income) is based on the results of an agreement made before the court.

Provisions for Granting Ex-Wife Rights in Islam

In Islam also mentioned about the provisions of the level of rights (occupation) and the ability to fulfill the obligations (rights) have a close relationship in the application of rights (income) in real terms, it is recognized that, indeed among the scholars there are differences of opinion regarding the level, type and ability of rights (income) in person in fulfilling, among others in determining the type of needs of rights (income) for example.

Type
In Kitab al Akhwa >> l asy Syakhsyiyyah ‘ala> Maza> hib al Khamsah, that some Islamic jurists argue that what is meant by basic needs (types) in rights (income) are food, clothing and shelter. While the other scholars argue that what is meant by basic needs is food alone, not in the clothing and shelter or place of residence.

Adapted to ability
Rights (income) in divorce are defined (limited) by the state of shara 'that is limited to the state of shara' itself. As in this case Imam Malik argues that rights have no limits, both in the maximum and the minimum. However, Abu Hanifah in his opinion gave a limitation of the right of obligation (ie income), that is, at least baju kurung, piercing clothes, veils, should not be more than half a dowry. While Imam Ahmad argues that mut'ah is in the form of a kurung shirt and a veil that is only enough to be used to pray, and this is in accordance with the ability of the husband.

Even so f urf Muslim community is wiser and wiser, their perception of rights (income) is nothing but include food drinks (food), clothing and jewelry (clothing) and also a decent place to live. Except for those who are truly incapable, perhaps that is the food they provide.

Furthermore, regarding the level of rights (livelihood), in this case is the right (income) for the ex-wife, the Qur'an does not mention its provisions, the Qur'an only gives very wise guidance / advice, namely by submitting to the ex-husband a measure worth (ma'ruf) according to his ability, this is in accordance with the Word of God in Surat al-Baqarah (2): 236.

In this case H. Sulaiman Rasyid argued that it was obligatory for husbands to give expenditure to obedient wives, both food, clothing, shelter according to the conditions at each place and the husband's level. The amount according to hajat and the customs that apply in each place,

keeping in mind the level and condition of the husband. The point is a measure of how much rights (income) is the ability of the husband. Sulaiman Rasyid further explained that although some scholars say the rights (wages) of the wife are of a certain level, but that Muhammad is not determined, it is only enough and menginggat the situation of the husband.

Thus it is clear that if a husband is found to be wealthy, according to his ability, his right is equal to his wealth. Vice versa. Like the word of God in surat al Baqarah (2): 223 and also a letter at Talaq (65): 07, Imam Malik explained that the right (income) there is no limit which is ma’ruf (proper), in the least or the number

That is the thing that must be considered in marriage, when there is a divorce, it is still obligatory to provide income to his ex-wife because it is the right of the ex-wife and obligations of the ex-husband. Thus, the writer can convey, hopefully it can be a useful Islamic insight, see you in the next article, thank you.