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Fatwa CenterZakah Al-Fitr of the woman going through divorce and of the rebellious wife
Question
I have been separated from my husband for one and half years. We are in the process of getting divorced and are waiting for the final judgment to be passed. Is zakah Al-Fitr the duty of my husband or is mine?
Answer
All perfect praise be to Allaah, the Lord of the worlds. I testify that there is none worthy of worship except Allaah and that Muhammad, sallallaahu ‘alayhiwasallam, is His slave and Messenger.
You were not clear on what kind of separation took place between you and your husband. At any rate, if you mean that your husband himself has divorced you but that the divorce is not yet documented by the court, then your zakaj Al-Fitr is in no way your husband’s duty, especially if the waiting period of the divorce has already ended. The same also applies if the judge decided the divorce. In this case, your husband is not required to pay your zakah Al-Fitr given that the marital relationship between the both of you has already ended.
If the marriage is still effective and the separation was caused on the part of the wife, then she is considered naashiz (rebellious), in which case your husband does not have to provide your maintenance or pay your zakah Al-Fitr. If the desertion was on the part of the husband, then he is required to pay zakah Al-Fitr on your behalf.
In a word, if the questioner is divorced and her waiting period ended or if she is naashiz, then she herself must pay her zakah Al-Fitr. Otherwise, her husband should pay it on her behalf.
Allaah Knows best
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