The money paid to the wife after divorce—specifically the maintenance (Nafaqah) for the waiting period—is the exclusive financial right of the woman, and no other family member has a claim to it. Confusion often arises when a father or guardian negotiates the divorce terms, leading to questions about whether he is entitled to this money to recoup wedding expenses he previously paid.
Islamic scholars are clear that financial settlements following a divorce belong solely to the divorcee to support her during her transition.
The Ownership of Nafaqah
According to the majority of scholars, the maintenance money paid for the ‘Iddah (the three-month waiting period) is the sole property of the wife.
The husband pays this amount to support his former wife while she is still legally connected to him during the waiting period. It is not a reimbursement to the wife’s family for past expenses, nor is it a dowry refund. Therefore, the father does not have any legal right to take this money, even if the daughter returns to live in his house.
Father’s Financial Responsibilities
The fact that the father paid for the marriage preparations or the wedding ceremony does not entitle him to his daughter’s divorce settlement.
In Islam, a father is financially responsible for his daughter’s upbringing and marriage costs as part of his parental duty. These expenses are considered his obligation and gift to her. He cannot retroactively claim the money back by seizing the funds provided by her ex-husband for her sustenance.
Voluntary Kindness
While the father has no legal claim to the money, the daughter is free to use her wealth as she pleases.
If she wishes to give some of the money to her father voluntarily—out of kindness, gratitude, or to assist with household expenses now that she is living with him again—she is encouraged to do so. However, this must be an act of free will, not an obligation imposed upon her.
