Divorced Women: Rights and Responsibilities in Islam

Right to Maintenance (Nafaqah) During the Waiting Period (Iddah):

One of the key rights granted to divorced women in Islam is the right to financial maintenance during the waiting period, known as iddah. This period, typically lasting three menstrual cycles or, in the case of a pregnant woman, until she gives birth, allows for reconciliation or ensures that the woman is not pregnant before remarrying. During this time, the husband must provide for her needs, including food, clothing, and shelter, ensuring she is not financially burdened.

Right to Keep Her Dowry (Mahr):

The mahr, or dowry, is a financial gift given to the wife by the husband at the time of marriage. In the case of divorce, the wife is entitled to keep the full mahr, as it is considered her personal property. This dowry serves as a form of security for the woman and is seen as a token of respect and responsibility from the husband. Islam strictly forbids the husband from demanding the return of the dowry unless the divorce is initiated by the wife through khula’ (where she agrees to give back the dowry in exchange for the divorce).

Child Custody and Support Rights After Divorce:

Divorced women have the right to custody of their children, especially during their early years, as Islamic law emphasizes the mother’s nurturing role. The specific rules around custody may vary depending on the school of thought, but generally, the mother retains custody unless she remarries. Additionally, the father is required to financially support the children, regardless of the custody arrangement. This ensures that the children’s needs are met, and the mother is not burdened with their sole financial responsibility.

Respect and Dignity Rights After Divorce:

In Islam, divorce is considered a last resort after all efforts of reconciliation have failed. Even when divorce occurs, both parties must maintain respect and dignity toward one another. The Quran encourages divorced couples to separate amicably:

“And when you divorce women and they have fulfilled their terms, either reasonably keep them or reasonably release them…” (Quran 2:231).

This highlights the importance of treating the woman with fairness and respect, avoiding any form of abuse or mistreatment.