نفقة المعتدة في الفقه الإسلامي دارسة استقرائية مقارنة

Abstract

Islam, which God has chosen for humanity as a complete religion and comprehensive legal system, has addressed all aspects of life. It has given great attention to women and has sought to protect them and preserve their rights, whether as mothers, wives, or daughters, through various legislations. However, the financial rights of women during the ʿiddah (waiting period) have become a significant issue in marital disputes today, largely due to widespread ignorance of these rights. Whenever a divorce occurs, some people hasten to criticize religion in general, accusing it of inadequacy in resolving social problems. In particular, they target personal status laws, calling for their amendment or reform.

To demonstrate the adequacy of Islamic law in granting women the rights advocated by contemporary societies, this study addresses the issue of maintenance (nafaqah) for women in ʿiddah, considering its various causes and types, as a jurisprudential study. It clarifies the ruling regarding the entitlement of a woman in ʿiddah to maintenance in cases of revocable and irrevocable divorce, whether she is pregnant or not. It also examines her entitlement to maintenance in cases where separation results from the invalidity or annulment of the marriage contract, the existence of legal doubt (shubha), or death.

The study presents the opinions of jurists, analyzes their evidences, and identifies the preponderant opinion in each issue in a manner that reflects the spirit of Islamic legislation and the moderation of its rulings.