Is a divorced woman against whom the husband has no right of reconciliation entitled to residence and maintenance?

Chapter on Marriage of Polytheists

Al-Mughni

Book of Marriage

Book 35 · Issue 3 · Bab 3

Open in Qurani

Primary text

A woman whose husband has no right of reconciliation against her is not entitled to residence (sukna) or maintenance (nafaqa). This is established because she is separated through annulment, similar to one divorced three times. The evidence for this is the statement of the Messenger of Allah, peace and blessings be upon him, to Fatimah bint Qays: 'Residence and maintenance are only for a woman when her husband has the right of reconciliation over her.' (Narrated by Al-Nasa'i).