Abstract

This research deals with the rules of jurisprudence principles used to understand Fatema bint Qays hadith in the divorce section, and its Jurisprudential impacts, to derive from them the entitlement of divorced woman to maintenance and housing during her waiting period. So, it applied the rules of jurisprudence principles to this hadith, to extract the included rulings. The research has concluded that the judgement of the prophet Muhammad (Pbuh) to Fatema bint Qays of no maintenance and housing was for special reason related to her, and that the divorced woman is entitled to maintenance and housing during her waiting period, weather the divorce is revocable or irrevocable, and that the pregnant in her waiting period is entitled to maintenance and housing till she give birth.