Subtopic 2 — Alimony of the Waiting Period
Article 212:
Any kind of separation that takes place by the husband, be it divorce or rescission, shall not extinguish
alimony of wife during her waiting period, even though the divorce is not occurred due to husband’s
fault. Husband shall have to pay alimony of in the following cases:
1 – Divorcee in the waiting period of reversible, minor irreversible or major irreversible divorce,
whether or not she is pregnant.
2 – Wives in waiting period due to La`aan (being accused by husband of committing adultery without
providing four witnesses), Eilaa (when husband swears that he will have no sexual intercourse
or sexual relations with his wife for 4 months or more), and divorced in exchange for property
(Khol`), unless she has acquitted husband from providing alimony.
3 – Wives in the waiting period of separation due to refusal of husband to convert to Islam.
4 – Wives in waiting period deriving from rescission of the marriage contract by husband on the
basis of puberty and discerning options.
5 – Wives in waiting period of separation due to husband’s apostasy or his commission of actions
that result in prohibition of marriage.
Article 213:
Alimony of woman in waiting period who has rescinded the marriage contract on the basis of puberty
option, incompleteness of dowry or disability of husband shall not extinguish, provided that she is not
in fault in the mentioned case.
Article 214:
Any separation that occurs due to fault of wife and based on her demand shall result in extinguishment
of her alimony during the waiting period. In this case, the wife shall not be re-entitled to alimony even
if the cause of separation is eliminated before completion of the waiting period.
Article 215:
In case of death of husband, wife shall not be entitled to alimony, whether or not she is pregnant.
Article 216:
If the alimony of wife during her waiting period is not fixed by herself and she does not demand it until
the end of the waiting period, the alimony of the waiting period shall extinguish.