DDHK. ORG – Divorced husband, provide for the child alone. What to do?
Peace be upon you, and Allah's mercy and blessings.
chaplain want to ask.
I have divorced with my husband once, and my husband once said that if I didn't return to Indonesia, he would remarry. And my husband also rarely gives a living to my children, because my children are at my mother's house.
So, my husband only relies on me to provide money to my child. Fall, I am the one who supports my own child.
That's how Ustadz. Please enlighten me, Mr. Ustadz.
Thanks.
Wassalamualaikum Warrohmatullah
Greetings, Fulanah
ANSWER:
Peace be upon you and God's mercy and blessings be upon you
WL…
In marriage, what is expected is a household life that is filled with sakinah (tendency and tranquility), mawaddah (love), rahmah (affection), and longevity until the end of life. But sometimes life's problems make couples choose to separate / divorce.
If the relationship can still be repaired, it would be nice to make peace and continue the household ark. But if it's difficult and you can't reconcile, then divorce is the way.
Although divorce is permissible, but it is hated by Allah Subhanahu wata'ala. From Ibn Umar radliyallãhu 'anhuma, the Prophet shallallãhu alaihi wasallam said:
أَبْغَضُ الْحَلَالِ إِلَى اللَّهِ تَعَالَى الطَّلَاقُ (رواه أبو داود)
"The lawful thing that Allah hates the most is talaq." (Narrated by Abu Dawud)
If a wife is divorced by her husband, then she must undergo an 'iddah period for three holy times. Allah Subhanahu wata'ala says:
والْمُطَـلَّقَـتُ يَتَرَبَّصْنَ بِأَنْفُسِهِنَّ ثَـلَـثَـةَ قُرُوْءٍۗ {سورة البقرة: ٢٢٨}
"Women who are divorced should restrain themselves up to three times the quru." {QS Al-Baqarah: 228}
During this three sacred period, the husband still has the right to refer his wife without a new marriage contract. This applies to talaq 1 & 2 only. As for talaq 3, the two cannot be reconciled so that the wife marries a man other than her former husband, then has sexual intercourse with her new husband, then the two of them divorce.
If what happens is the husband remarries another woman after divorcing his wife, then the husband is still obliged to provide for his child from the marriage to his ex-wife. This is in accordance with the word of Allah Subhanahu wata'ala:
لِيُنْفِقْ ذُو سَعَةٍ مِنْ سَعَتِهِ {سورة الطلاق: ٧}
"Let people who are able to provide a living according to his ability." {QS At-Thalaq: 7}
This means that all the living expenses of the child are still borne by the father, but adjusted to his economic ability.
As for the custody of young children from divorced parents, the mother has more right to care for them, even though the maintenance costs are still obligatory for the father. As explained in the regulations in the Compilation of Islamic Law as follows:
"In the event of a divorce, the care of children who are not yet mumayyiz or who are not yet 12 years old is the mother's right. The maintenance of mumayyiz children is left to the child to choose between his father or mother as the holder of his maintenance rights. Meanwhile, the maintenance costs are borne by his father.” (Compilation of Islamic Law, article 105).
If the ex-husband refuses to provide for his child, then this matter can be reported to the religious court so that it can be legally resolved.
May all of our affairs be eased by Allah, amen...
Hope it is useful…
Peace, mercy and blessings of God
Answered by Ustadz Very Setiawan.
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