Advanced search
Visit
9155
Last Updated: 2007/01/06
Summary of question
If a woman has not received alimony for 5 months, is she considered divorced?
question
Can a woman who has not received nafaqah (alimony) for the passed five months, consider herself divorced? For example; if a father desserts his first family because he has a second family and he no longer cares about the first family. If so, when does her edah (waiting term) start from, the time that he left or three months after he abandoned his family?
Concise answer

Executing a divorce, in Islam, is a choice which pertains to the husband; hence, women cannot divorce themselves from their spouses. The husband’s not paying his wife’s canonically-required expenses (nafaqah) does not constitute a right to divorce. Consequently, the issue of the ‘iddah and when it ought to be initiated does not rise in the first place. However, the woman is entitled to request a divorce, from her husband, from the Canonical Authority; the latter may enforce the man either to pay his wife the nafaqah or to divorce his wife, if necessary, in her absence. Assuming a man abandons paying his wife the nafaqah without a canonically-legitimate excuse, a divorce may be executed and the ‘iddah will commence thereafter. Today, thanks to modern technological means of communication such as e-mails, telephones etc., Muslim women all around the globe have access to religious and canonical Islamic authorities, thus being able to raise their issues (e.g. being abandoned by their husbands, not being given their nafaqah…) with the relevant sources and be able to attain a canonically valid divorce, albeit in their absence.

 

Grand Ayatollah Makarim’s Response

Assuming the husband abandons his duty of paying his wife the nafaqah, without a canonically-legitimate excuse, the canonical authorities may canonically divorce him from his wife. The prescribed ‘iddah will, thereafter, commence.

 

Grand Ayatollah Fazel Lankarani’s Response

She must approach the (Islamic) law courts. The ‘iddah commences once the divorce has been effectuated.

Comments
Number of comments 0
Please enter the value
Example : Yourname@YourDomane.ext
Please enter the value
Please enter the value

Thematic Category

Random questions

  • Does belching out what one has eaten invalidate the fast?
    7407 Laws and Jurisprudence 2010/08/01
    If one who is fasting belches out something and it comes into the mouth, if he swallows it again, it will invalidate his fast no matter how little it is and he has to make up for it and also make kaffarah (either fast 60 ...
  • Please provide us with a short biography of Imam Ali al-Sajjad (as).
    3610 امام سجاد ع 2021/03/30
  • What are the signs for the reemergence of the Master of the Age [i.e. the Twelfth Imam]?
    10356 Modern 2011/08/10
    The topic of the signs of the re-emergence is a complicated one and calls for a thorough investigation of all the related narrations. However, in brief, the signs fall under two categories. One group consists of those signs which will certainly occur, foreshadowing the re-emergence: the rebellion ...
  • What is teyyul-ard?
    7577 Theoretical 2010/07/20
    There are different views on the true essence of teyyul-ard. One would be the theory of “اعدام و ایجاد” or “Existentiation and Elimination” of the renowned mystic, Ibn Arabi. According to this theory, the person eliminates his existence in one place and existentiates it in ...
  • What are the punishments for shaking hands with a non-Mahram, physical contact and not observing Islamic modest dress?
    20428 Laws and Jurisprudence 2011/11/21
    Different punishments and penalties have been reported, in our religious sources, for the sins mentioned in the question. We will suffice to quoting a few traditions in this regard:A) Shaking hands with a non-mahram:1. The ...
  • Why was Hazrat Muhammad (P.B.U.H.) allowed to have more than four wives?
    19591 The infallibles 2007/04/05
    The topic of the prophet of Islam’s (P.B.U.H.) marriages and number of spouses is a subject which has been questioned very much. In reference to this issue, we should mention first of all that before the ruling for the impermissibility of ...
  • Was the wife of Hazrat Abbas, Lady Lubaba, present in Karbala?
    17518 اهل بیت و یاران 2017/08/22
    1. Lubaba was the daughter of Ubaidullah bin Abbas[1] (the Prophet”s cousin) and the wife of Hazrat Abulfazl Abbas (AS). Following the event of Karbala and the martyrdom of Hazrat Abbas, she married Zaid bin Hasan[2].[3] It has ...
  • What are the legal obligations of a wife towards her husband?
    20376 Laws and Jurisprudence 2011/12/21
    The sustainability, continuity and stability of a marital life depend on love, understanding and respect for mutual rights.  In order for the family, which is small social unit, to be solidified and strengthened, the religion of Islam has made an arrangement in a way such that it has ...
  • I needed some information on the Ithna’Ashari sect in West Africa.
    7570 Modern 2008/06/17
    We apologize for the delay in responding to you. Information like that which you are looking for can only be found in specific centers, and although our researchers tried their best, they weren’t able to get the desired results for your request. At the same time, we will introduce some ...
  • Why do Muslims shake hands?
    12704 Practical 2009/03/02
    Greeting others by saying “salam” and shaking hands are all signs of sociability and good manners and conduct. The prophet of Islam (pbuh) and the imams are at the pinnacle of sociability and good behavior and our role models, therefore we must follow them in this matter.Anas ibn ...

Popular