Question:

As salam alaykum wa raghmatulahi wa barakatuh. I contact you because the brother of my husband, has doubts about the fiqh of divorce.The fact is that he married twice, Western and Muslim marriage.His wife changed her character when marry.and he to make her change her character,made the decision to end the Western marriage,she went to live in another house until your character be good again but this does not happened.at this time my husband’s brother was in charge of keeping her and her son, food, shelter, expenses …… I think sharia indicates something about this.So far, it has also decided to end the Muslim marriage and do not know whether to again pay for a few months the cost of his former wife ?

Answer:

Walaikum salam wrt wb honorable sister,

All praise is due to Allah.

The husband is responsible for the upkeep and maintenance of his wives as long as they are married or she is in her waiting period after the first or second divorce. If she is divorced for a third time he is no longer responsible for her.

At the same time, the wife must remain in her husband’s home during the ‘iddah (waiting period) after first or second divorce. The length of the ‘iddah is 3 menstrual cycles or 3 months for a women who does not menstruate. If the woman is pregnant, her ‘iddah ends at child birth. In this case the husband is responsible for her maintenance for the entire length of the ‘iddah.

It is not permissible for the divorced wife (after first or second divorce) to leave her husband’s home. It appears strange that the divorced wife in your question went to spend her ‘iddah in someone else’s home. She should have stayed in her husband’s home until her ‘iddah was over.

As for any children, the husband is responsible for them irrespective of the status of their mother. He must continue to maintain all of his children.

Let me add that divorce is the most hated thing permitted by Allah. If the husband can reconcile with his wives and teach them that would be better and more beloved to Allah then divorcing them.

And Allah Most High knows best.