Q156 :I have two children, aged 6 & 1, but I am not
happy with my wife due to differences of social background. I intend to
marry a woman from my own small town. If my present wife asks for
divorce I will grant her that, but I would like to know what are my
obligations toward her and my children.
A156 : What you must do if you divorce your wife is
to keep her in your home during her waiting period, when you continue
to be responsible for her maintenance. During this period you can
reinstate your marriage without a need for a new marriage contract or a
dower, although you need to have two witnesses. If this period lapses
and you have not reconciled, the divorce benetes final. Your wife will
be entitled to receive any outstanding portion of her dower, as well as
mit’ah which is a gift that you give her. The amount of this gift is
determined by the husband in accordance with his means. As for your
children, your responsibility does not change toward them on account of
your divorce. You remain responsible for their upbringing, maintenance
and education, even though they continue to live with their mother. A
child of a broken family may choose to stay with the mother after such
a choice is given. The father remains responsible for the living
expenses, upbringing and education [of the child]. When the woman’s
waiting period is over, the man is no longer responsible for her
maintenance. Her own family should look after her.
Our Dialogue ( Source : Arab News – Jeddah )