The Waiting Period: Its Types and Rulings

The first message in this episode was sent to the program from Makkah al-Mukarramah, and its sender is our brother Abu Yasser, Saleh Ali Uthman. Our brother has a set of questions. In his first question, he asks: Does a woman who has been divorced with finality, a pregnant woman, or a woman whose husband has died have the right to housing and financial maintenance during the waiting period, or not?
Answer: In the name of Allah, the Most Merciful, the Bestower of Mercy. Praise be to Allah, and may Allah send prayers and blessings upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance.
As for the woman in the waiting period, she falls into two categories:
One category is for a husband who has the right to take her back without a new marriage contract. This is the woman who has been divorced once or twice and with whom he has had sexual intercourse, meaning he has consummated the marriage or had intercourse with her. She is entitled to financial maintenance during the waiting period according to what is customary, meaning in a good manner, until her waiting period ends.
As for the woman who has been divorced with finality by the third of the three divorces, her husband has no right to take her back. Likewise, the woman whose marriage has been annulled from her husband for a valid legal reason, and the woman who has obtained a divorce at her request for compensation from her husband for a valid legal reason, she has no right to financial maintenance. This is because she is separated, and he has no right to take her back except with a new contract, if the divorce at her request or annulment did not complete the three divorces. As for the woman whose husband has died, she has no right to financial maintenance because her separation is legally equivalent to final separation. Therefore, she has no right to maintenance from him, but she is to be maintained from her own wealth, from the inheritance or otherwise. As for the pregnant woman, she is entitled to maintenance for the sake of the pregnancy, even if she is separated. She is entitled to the customary, known maintenance for the sake of the pregnancy, based on His saying (peace and blessings be upon him) : [Surat al-Talaq:6].
Therefore, the pregnant woman is to be maintained for the sake of the pregnancy, and when she gives birth, she is to be maintained for the sake of breastfeeding. The matter in this regard returns to reconciliation between the woman and the husband, or the husband's family if he has died; if he died after that.
The point is that maintenance is for the sake of the pregnancy, and after delivery, for the sake of breastfeeding. If they dispute over the amount, the judge in their land determines it. In this matter, they return to the court in the land of the pregnant woman during the pregnancy and during the breastfeeding, unless they reach an agreement. The woman reconciles with the husband if he is present, or with his family if he is absent. Yes.
The presenter: May Allah reward you. Your statement, Your Eminence the Shaykh: "maintenance in a good manner." Perhaps this phrase needs some detail?
The Shaykh: Based on His saying (peace and blessings be upon him) : [Surat al-Baqarah:233], meaning according to what is customary among people. Because it varies. For example, the custom of people in the Maghreb is different from the custom of people in the Mashriq. The custom of people in Algeria is different from their custom in Riyadh. Their custom in Riyadh is different from their custom in Damascus... and so on. In this matter, they return to what is customary among people in their lands. The judge estimates it, meaning the judge when there is a dispute. And if they reach an agreement and do not need the judge, praise be to Allah.