What is the right to residence (sukna) for a non-pregnant woman divorced by an irrevocable divorce?
Chapter on the Condition in which Maintenance is Obligatory on the Husband
Al-Mughni
Book of Maintenance (Nafaqāt)
Primary text
Regarding residence, there are two conflicting narrations. One narration grants her the right to residence, supported by Umar, his son, Ibn Mas'ud, Aisha, the seven jurists of Medina, Malik, and Al-Shafi'i, based on the Quranic verse. The second narration denies her both residence and maintenance, which is the apparent position of the Madhhab, and is the view of Ali, Ibn Abbas, Jabir, 'Ata', Tawus, Al-Hasan, 'Ikrimah, Maymun ibn Mahran, Ishaq, and Abu Thawr and Dawud.
Supporting text
The majority of the jurists of Iraq, including Ibn Shubrumah, Ibn Abi Layla, Al-Thawri, Al-Hasan ibn Salih, Abu Hanifa and his companions, Al-Buti, and Al-'Anbari, hold that she is entitled to both residence and maintenance. They base this on reports attributed to Umar and Ibn Mas'ud, and by analogy with the revocable divorce (raj'iyyah), for which maintenance and residence are obligatory.