Her husband has left Islam; is she entitled to maintenance during the 'iddah period?
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I got married to a person who had been a Christian, then he claimed to be a Muslim and started to pray. I lived with him for a while, then he left Islam and stopped praying. I had the marriage declared null and void, and I have started my ‘iddah. Am I entitled to maintenance from him during the ‘iddah?
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Praise be to Allaah.
Yes, you are entitled to maintenance during the ‘iddah, because the separation happened because of the husband, since he left Islam. Imaam al-Shaafa'i (may Allaah have mercy on him) said in Kitaab al-Umm (vol. 6), “If he – i.e., the husband – becomes an apostate (leaves Islam), he should still spend on her (maintenance) – i.e., the wife – during her ‘iddah, because she is not finally divorced until the ‘iddah is over.”
Whatever written of Truth and benefit is only due to Allah's Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength.
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