Question

Fatima, a Muslim woman, has been divorced by her husband, Imran, through Talaq. Fatima is now seeking maintenance from Imran for herself and her two minor children. Imran argues that Fatima has remarried and, therefore, is not entitled to any maintenance. Under Muslim law, which of the following statements is true regarding Fatima’s claim for maintenance?

• A. Fatima is entitled to maintenance for herself during her iddat period and for her children until they are self-supporting.
• B. Fatima can claim maintenance for herself and her children indefinitely, irrespective of her remarriage or the children's age.
• C. Fatima is not entitled to maintenance because she has remarried.
• D. Fatima is entitled to maintenance only for a period of three months after the divorce.

Hint:

Under Muslim law, a divorced woman is entitled to maintenance only during her iddat period, but her children’s maintenance is a continuing obligation of the father.

Answer 1

The Correct Option is A

Step 1: Understanding maintenance under Muslim law.
Under traditional Muslim law, a divorced woman is entitled to maintenance (nafaqah) from her former husband only during the iddat period, which is typically three menstrual cycles (or three months) after the divorce. However, her children are entitled to maintenance until they reach an age where they can support themselves.
Step 2: Effect of remarriage.
Once the woman remarries, her entitlement to maintenance from her former husband ceases. The responsibility for her maintenance then shifts to her new husband. However, the children remain entitled to maintenance from their biological father until they become self-sufficient.
Step 3: Analysis of options.
(A) Correct — Fatima can claim maintenance for herself only during her iddat period and for her children until they become self-supporting.
(B) Incorrect — Maintenance is not indefinite; it ends for the wife after remarriage.
(C) Incorrect — Fatima is entitled to maintenance for the iddat period even if she remarries afterward.
(D) Incorrect — The iddat period is approximately three months, but children’s maintenance continues beyond that period.
Step 4: Conclusion.
Hence, the correct answer is (A), aligning with the principles laid down under the Muslim Women (Protection of Rights on Divorce) Act, 1986, and traditional Muslim law.