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Muslim Divorce: Financial Obligations for Husbands According to Islamic Law

Published by ArayaWeddingPlanner on

Divorce in Islam is permissible according to religious principles but must be conducted with fairness and compassion towards the wife and children, if any. Following the principles of Shariah (Islamic Shariah), the husband has specific duties and responsibilities after the divorce, including:

1. Expenses During Iddah

Iddah refers to the waiting period a wife must observe after divorce to ensure she is not pregnant and to allow for emotional recovery. This period is typically three menstrual cycles (for non-pregnant wives) or until delivery (if pregnant).

  • The husband must provide:
    • Living expenses, including food, clothing, and accommodation for the wife.
    • Accommodation at a suitable standard, such as the marital home or a rented house provided by the husband.
  • Exceptions:
    • If the wife requests the divorce (e.g., Khula’) and returns the dowry or assets as compensation, the husband may not be required to cover Iddah expenses.

Examples of Calculations:

  • Malaysia: Islamic courts may order monthly expenses, such as 1,500 MYR (approximately 11,000 THB) for food, housing, and clothing, depending on the husband’s income and the wife’s needs.
  • Singapore: Monthly Iddah expenses may be set at 2,000 SGD (approximately 50,000 THB), based on reasonableness.
  • Saudi Arabia: Calculations depend on the husband’s financial capacity, with a minimum of 1,000 SAR (approximately 9,000 THB).
  • Thailand: In areas applying Islamic law, such as Pattani, courts may set expenses at around 8,000–15,000 THB per month, depending on the husband’s financial standing.

As stated in the Quran (Surah At-Talaq 65:6):

“Let them live where you live, according to your means.”


2. Mut’ah Compensation

Mut’ah refers to a goodwill or compensatory payment a husband provides to his wife after divorce, as a gesture of kindness and comfort.

  • Factors affecting Mut’ah payment:
    • Length of the marriage.
    • The husband’s financial capacity.
    • Reason for the divorce (e.g., if the husband is at fault, such as neglect or inappropriate behavior, the court may set a higher Mut’ah amount).
  • Mut’ah is not mandatory in every case but is recommended (mustahab) to promote kindness and fairness.

Comparison of Calculations:

  • Malaysia: Courts may set a lump-sum Mut’ah payment, such as 5,000–10,000 MYR (approximately 40,000–80,000 THB).
  • Singapore: Mut’ah is calculated based on marriage duration, such as one month of the husband’s salary per year of marriage.
  • Saudi Arabia: Mut’ah is typically voluntary or negotiated.
  • Thailand: Courts may set compensation at 20,000–50,000 THB, depending on circumstances and the husband’s income.

As stated in the Quran (Surah Al-Baqarah 2:241):

“For divorced women, let there be a provision according to what is fair.”


3. Child Support

If the divorce involves children, the husband remains responsible for their financial needs until the children can support themselves or, in the case of daughters, until they marry.

  • Expenses the husband must cover:
    • Food, education, clothing, and medical expenses.
  • Duration of support:
    • Sons: Until they can support themselves (context-dependent, e.g., 18–21 years).
    • Daughters: Until they marry.

Examples of Calculations:

  • Malaysia: Child support ranges from 800–1,200 MYR per child per month (6,000–9,000 THB).
  • Singapore: Monthly child support starts at 500–1,500 SGD (12,500–37,500 THB).
  • Saudi Arabia: Courts may order child support of 1,500–3,000 SAR per month (13,500–27,000 THB).
  • Thailand: Islamic areas may set child support at 5,000–10,000 THB per month, depending on the husband’s income.

As stated in the Quran (Surah Al-Baqarah 2:233):

“The father of the child is responsible for their sustenance and clothing according to what is reasonable.”

CountrySupport Age for SonsSupport Age for Daughters
MalaysiaUntil 18 or completion of a bachelor’s degreeUntil 18, completion of a bachelor’s degree, or marriage
SingaporeUntil 21 or completion of a bachelor’s degreeUntil 21, completion of a bachelor’s degree, or marriage
Saudi ArabiaUntil 15 or self-relianceUntil marriage
ThailandUntil 20Until 20 or marriage

Note: Ages mentioned may vary according to local laws and policies. Always consult official sources for the most accurate information.

Conclusion

Divorce in Islam obligates the husband to fulfill the following responsibilities:

  1. Iddah Expenses: To ensure the wife’s safety and well-being.
  2. Mut’ah (Compensation): To show kindness (case-dependent).
  3. Child Support: A vital duty to ensure the children’s needs are met until independence.

Fulfilling these duties not only upholds justice according to religious principles but also fosters peace and reduces conflict within the Muslim community.


Guidelines for Choosing Accommodation During Iddah

During the Iddah period following a divorce, Muslim wives have specific duties and rights regarding accommodation. These should align with Islamic principles and personal circumstances as follows:

Options and Considerations

AccommodationAdvantagesConsiderations
Marital HomeComplies with Islamic principles (Quran, Surah At-Talaq 65:6); the wife’s right to stay in the marital home during Iddah.If unsafe or in cases of severe conflict, alternative arrangements must be provided by the husband.
Family/Relatives’ HomeProvides emotional support and financial assistance; suitable when the marital home is unsafe.Requires the husband’s or court’s consent to avoid violating Iddah obligations.
Rented Accommodation or New ResidenceThe husband can provide this based on financial capability; suitable if the marital home is deemed inappropriate.Must ensure safety and convenience for the wife and respect her rights during Iddah.
Self-Arranged AccommodationAllows the wife to choose a safe and convenient location; suitable for achieving peace and privacy.May conflict with Iddah principles if not justified; consult courts or Islamic scholars if necessary.
  • Recommended Option: Staying in the marital home if no conflict or safety issues are present.
  • Special Cases: If the marital home is unsuitable, consider relatives’ homes or accommodation provided by the husband.

Key Objective

The chosen accommodation should align with Islamic principles while ensuring the wife’s safety and peace during the Iddah period.

Recommended Practices

  • Consult ARAYA Nikah Planner & Consult Co., Ltd., a social enterprise, for personalized advice.
  • Prioritize adherence to Islamic principles and uphold the wife’s rights during Iddah fairly.

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