Post-divorce maintenance
Another particularly significant difference is in the rules on post-divorce maintenance for a wife divorced ‘arbitrarily’, or without reasonable cause. The classical
Hanafi rules require a man who divorces his wife unilaterally by talaq to pay her maintenance during the 'idda, the ‘waiting period’ after divorce during which the woman may not remarry, a standard period of three menstrual cycles or until childbirth if she is pregnant.
He also has to pay her deferred dower. This is the end of his legally enforceable financial obligations towards her, unless she is undertaking custody of their children.20 The question of post- 'idda provision for divorcees was addressed by the Jordanians in the JLPS in a provision following a 1953 Syrian model, allowing a maximum of one year’s maintenance to be awarded as compensation to a woman divorced arbitrarily and without good cause, payable in addition to her maintenance for the 'idda period. Egypt, however, did not legislate on this matter until after the 1967 occupation, and the LFR has no equivalent provision. This means, in effect, that a husband unilaterally divorcing his wife in the West Bank, but not in the Gaza Strip, risks having his motivation scrutinized and a financial penalty imposed by way of compensation to the divorcee. This issue too is a matter of some focus for advocacy and lobbying initiatives aimed at reforming personal status law in Palestine today.
More legal literature on Laws.Studio
More on the topic Post-divorce maintenance:
- Classical Rome had a very liberal divorce policy (as did Greco-Roman Egypt; see Part III). By the first century B.C.E., women who were not married with manus [see Chapter 1, Part II.B.] had the right to divorce their husbands unilaterally, and eventually the same right was enjoyed by women married with manus.
- CHAPTER 10 POST-STRUCTURALISM AND POST-MODERNISM
- The Politics of Post-structuralism and Post-modernism
- Maintenance
- Post-Marxism and Post-Structuralism
- Maintenance and inheritance: a conflict between rights and needs?
- 5.3 Maintenance Hosts of Mycobacterium bovis
- Triple Divorce
- A Definition and causes of divorce
- 2 Maintenance and Repair of Fixed Equipment: the ‘Model Clauses’
- ROUTINE health maintenance
- SECTION 3. Custody and Maintenance
- A Divorce documents from Roman Egypt
- Reasons for divorce
- B Sending a notice of divorce
- Divorce
- Maintenance and Evaluation of the Marketing Plan
- Maintenance and Evaluation of the Marketing Plan
- CASE 112: Maintenance of Relatives
- CASE 69: Tying the Dowry to the Wife's Maintenance
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