Her husband has left Islam; is she entitled to maintenance during the ‘iddah period?

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Question 10122

I got married to a person who had been a Christian, then he claimed to be a Muslim and started to pray. I lived with him for a while, then he left Islam and stopped praying. I had the marriage declared null and void, and I have started my ‘iddah. Am I entitled to maintenance from him during the ‘iddah?

Answer

Praise be to Allah, and blessings and peace be upon the Messenger of Allah:

Yes, you are entitled to maintenance during the ‘iddah, because the separation happened because of the husband, since he left Islam. Imaam al-Shaafa'i (may Allaah have mercy on him) said in Kitaab al-Umm (vol. 6), “If he – i.e., the husband – becomes an apostate (leaves Islam), he should still spend on her (maintenance) – i.e., the wife – during her ‘iddah, because she is not finally divorced until the ‘iddah is over.”

Reference

Apostasy
Spending on those under ones responsibility

Source

Sheikh Muhammed Salih Al-Munajjid

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