Are women who are divorced after the consummation entitled to maintenance?

Question

Can a woman demand maintenance from her husband if she was divorced after the consummation of the marriage? What is the view of the majority of the scholars regarding this?

Answer 1

Yes she is even not recommended to leave (one could even say it is her duty to stay) her husbands house (assuming he is the owner of course) until the end of the 'idah! And IMO any view which differs to that needs strong arguments as the Quran clearly says so.

If you read the Quran you will find how talaq should be handled:

Divorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good treatment. ...(2:229)

The woman or divorced wife has only to leave the house of her husband once talaq takes place and this is only when the 'idah has ended as explained before (2:228)

Divorced women remain in waiting for three periods ...

And as only the verses after 2:229 explains what happens once talaq takes palce:

And if he has divorced her [for the third time], then she is not lawful to him afterward until [after] she marries a husband other than him. ....(2:230)

For the case of a third talaq (even the rules of 'idah apply), but the husband would have his wife back if it was not the 3rd occurance.

And when you divorce women and they have [nearly] fulfilled their term, either retain them according to acceptable terms or release them according to acceptable terms, and do not keep them, intending harm, to transgress [against them]. And whoever does that has certainly wronged himself... (2:231)

This verse clearly shows that until talaq the divorced lady is to stay beside her husband, but once the 'idah has ended without turning back, the lady and her former husband are foreigners, and at this moment she is to leave his house. So, as long as she is in his house what applies to her is (4:34):

Men are in charge of women by [right of] what Allah has given one over the other and what they spend [for maintenance] from their wealth...

Which means the husband still has to stay in charge for the lady in his house!

This can also be read in surat at-Talaq (65:1-7):

O Prophet, when you [Muslims] divorce women, divorce them for [the commencement of] their waiting period and keep count of the waiting period, and fear Allah, your Lord. Do not turn them out of their [husbands'] houses, nor should they [themselves] leave [during that period] unless they are committing a clear immorality. And those are the limits [set by] Allah. And whoever transgresses the limits of Allah has certainly wronged himself. You know not; perhaps Allah will bring about after that a [different] matter.

And when they have [nearly] fulfilled their term, either retain them according to acceptable terms or part with them according to acceptable terms.(5)

Lodge them [in a section] of where you dwell out of your means and do not harm them in order to oppress them...

Let a man of wealth spend from his wealth, and he whose provision is restricted - let him spend from what Allah has given him. Allah does not charge a soul except [according to] what He has given it. Allah will bring about, after hardship, ease.

Which seems to me even clearer on the matter!