🚪 Divorce, ʿiddah & rujuk · #55

The divorce case is taking a long time. Can the wife receive maintenance while it is going on?

Yes. The Syariah Court can make an interim maintenance order that takes effect at once until a final maintenance order is made.
Act 303 s.70 empowers the court to order interim maintenance where there are grounds for maintenance, and the payments can be adjusted against the final order later. Child maintenance may also be applied for on an interim basis. Allah commands maintenance according to one's means (at-Talaq 65:7), and the marriage still exists until the court confirms the divorce. Prepare evidence of monthly expenses and the husband's income if known. If the husband does not comply, the court has enforcement powers including penalties for wilful default (s.132). Get advice from a Syariah lawyer or the Legal Aid Bureau if cost is a concern. See Enforcing maintenance.

Sources

Act 303, s.70Act 303, s.132Surah at-Talaq 65:7

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This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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