74. Is there a requirement in Islam to pay regularly for the maintenance (alimony) of divorced women?
In these verses (2:236, 2:241, 33:49, 65:6,7) of the Quran, it is conveyed, the divorced women need to be provided with necessities of life in a reasonable manner.
It is imperative we point out the discrepancy in explanations by some scholars in this regard.
The divorced women need to maintain a gap of three months before they remarry, this period of time (the gap) is known as Iddah. These scholars declare the above verse refers maintenance to be paid only for the iddah period (of three months).
They cite verse 65:6 of the Quran for their claim. This verse also says if the women is carrying at the time of divorce she needs to be paid until she delivers the baby. Hence, the claim for the alimony (maintenance to be paid) is only for the three months.
Their argument is entirely wrong. This verse (65:6) talks about the additional maintenance that has to be borne by the husband due to the reason she is carrying his baby at the time of divorce.
Had they gone through the words in this verse, they would not have come to such a conclusion.
If it is taken as the maintenance is meant only for the iddah period alone, the Al-Mighty would have mentioned it. But He says in this verse ‘in a reasonable and just manner’
After having lived with a woman, and having enjoyed her youth, paying maintenance only for three months for the rest of her life does not amount to be reasonable or just.
If a woman belonging to one’s family is subjected to such a situation, the conclusion he comes to, has to be considered as reasonable and just.
Verse (2:236) of the Quran says, the wealthy and the needy are required to pay the security money to the divorced as per their affordability.
If the man initiating the divorce is a millionaire it is the responsibility of the concerned jamaat to make him pay accordingly, and similarly if he happens to be a needy person, payment is what he can afford. This needs to be properly taken care of by the arbitrators. The devout are duty bound to monitor its execution.
At present the members constituting the concerned jamaat are interested only in the return of the dowry from the husband, even if there was no divorce it is the duty of the concerned jamaat to get the dowry money paid by her.
Hence the return of dowry and divorce are not connected to each other. The duty of each concerned jamaat is to take into consideration the sufferings of the divorced and concentrate on getting the lump sum amount as security money for the divorced.
The non-implementation of these religious commands results in the Muslim community being targeted with various barbs that are used as propaganda against Islam. There are attempts to force false alimony on Muslims.
Hence the local jamaats should take care in analyzing this verse very carefully and be God fearing in their duty in obtaining justice for the women.
There is a law in our country that stipulates a certain amount of money be paid to the divorced, and there is a persistent demand it should be implemented by the Muslims too
and there is a demand being made to abolish the Muslim Personal Law, Sharia and implement the Uniform Civil Code. Efforts are being made to spread messages in this regard.
Islam does not recognize the payment of alimony to the divorced women to subject hardships on them, but to arrange better alternatives that benefit women.
The women spend half the money before they could successfully lay their hands on their first installment of their monthly maintenance.
Most of the men escape paying the correct livelihood expenses to their divorced wives by presenting false accounts about their earnings or by paying a paltry amount.
The laws promulgated by nations to pay alimony to divorced women are implemented with a condition they should not remarry. But once they remarry the law in these countries stops payment of maintenance money to them.
Once she receives regular monthly maintenance, the women are discouraged from remarriage, because payments to her are stopped on remarriage. Though alimony to a certain extent eases her financial difficulties it does not provide a solution to her bodily needs. and may instigate her to get involved in immoral activities.
This is the reason why alimony is not welcome by Muslims.
Real alimony is the one that is given by the husband to the divorced wife at the time of divorce taking effect, as a one time lump sum.
To know more about divorce in Islam please refer explanation point no’s 66, 69, 70, 386, 402, 424
