Does the maintenance of a wife who stays at her parents’ home after talaq lapse because of custom (‘urf)?

Question

Question: The practice of this small town has been that every kind of divorced woman, except an immoral one (fahisha), is given her mahr and her ‘idda expenses, while expenses for staying at her parents’ home are not granted. So in the cases mentioned, can the mahr and ‘idda expenses be demanded merely on account of custom? For, because of differences in the statements of husband and wife and mutual quarrels, there is fear of fresh strife (fitna).

Answer

After valid seclusion (khalwa sahiha) the full mahr becomes binding and confirmed; the ‘idda expenses are binding upon the husband; the maintenance of a recalcitrant wife (nashiza) is not binding. All of these are rulings of the Shari‘a, not mere custom.

Source: Fatawa Mahmudiyya

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