Previous maintenance
70.(1) There shall not be decreed for a wife the maintenance of more than three years prior to the date of instituting
the suit, unless the two spouses otherwise agree thereon.
(2) There shall be required solvence of the husband for judgment of a previous marriage maintenance.
Interim maintenance and borrowing
71.(1) The judge, during considering the maintenance suit, may prescribe, upon application by the wife an interim
maintenance therefor, after proof of its justifications, and his decision shall be accompanied by expedient
execution by force of law.
(2) The judge shall permit the wife to borrow marriage maintenance.
Alimony of a waiting wife (Mu’tadda) from divorce, judicial divorce or rescission
72.
There shall be mandatory on the husband alimony of his waiting wife (Mu'tadda) from divorce, judicial
divorce or rescission, unless rescission, is for a reason prohibited on part of the wife.
Maintenance entitlement
73.
There shall not be entitled the waiting wife (Mu'tadda) who is: (a)
non-suckling, to more than one year, of the date of divorce;
(b)
suckling, to maintenance for more than three months after lapse of the term of suckling, where she alleges
her menopause for suckling and takes the oath thereon; provided that the maintenance period shall not exceed two
years and three months of the date of delivery.
Entitlement of waiting wife (Mu'tadda) for death
74.
A waiting wife (Mu'tadda) for death shall be entitled to dwelling in the matrimonial home, during the
waiting period (l'dda), unless she gets outside the same by her consent.
Cases of deprival of maintenance
75.
There shall be no maintenance for a wife in any of the following cases, namely her: (a)
refraining from movement to the matrimonial home, without Sharia excuse;
(b)
leaving the matrimonial home, without Sharia excuse;
(c)
preventing the husband to enter the matrimonial home, without Sharia excuse.
(d)
work outside the home, without her husband agreement, unless he is arbitrary in preventing her to work;
(e)
refraining from travel with her husband without Sharia excuse.
Termination of Maintenance Obligation
76.
The wife maintenance obligation shall lapse in any of the following cases, namely: (a)
payment;
(b)
discharge;
(c)
death of one of the spouses.
Arrangement of safe dwelling
77.
The husband shall prepare for his wife a safe dwelling, appropriate to his status.
Dwelling and movement of wife
78.
A wife shall live with her husband in the dwelling prepared by him and shall move therefrom by his
movement unless she stipulates otherwise in the contract or moving is intended to prejudice her.
Dwelling with another wife (Darra)
79.
A husband shall not dwell with his wife another wife (Darra) in the same home, unless she consents
thereto, and she shall have the right to retract whenever she may please.
Suckling charge
80.(1) A suckling divorced wife shall be entitled to suckling charge, for a maximum period of two years, of the
date of delivery.
(2) A suckling divorced wife shall not be entitled to suckling charge, save after the lapse of her waiting period
(l'dda) from a retractive or irretractive divorce.
Branch II Maintenance of Relatives Maintenance of Children
81.(1) Maintenance of a young child, who has no money: shall be on his father, until the girl gets married, and the
son reaches the limit, at which his likes earn living, unless he is a student, whose maintenance shall be thereon, if
he pursues his study in an ordinarily successful way.
(2)
Maintenance of an old child, who is unable to earn living for infirmity or illness, shall be on his father,
where he has no money, out of which expenditure can be made.
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