MYPolygyny.com
Knowledge for the Muslim household
Flashcards Lineage

Q&A › Divorce, ʿiddah & rujuk

🚪 Divorce, ʿiddah & rujuk · #63

If it is the wife who asks for divorce, is she still entitled to mut'ah?

It depends on how the divorce happened and why: in khulʿ, the wife receives no mut'ah because the divorce is at her request in return for payment; but if she sought divorce because of her husband's fault and the court finds him the cause of the separation, mut'ah may be awarded.
Allah commands mut'ah for divorced women in a fair way (al-Baqarah 2:241). Act 303 s.56 allows a woman divorced without just cause to apply for mut'ah, and the court weighs the facts of each case. For example, a taʿliq divorce for non-payment of maintenance or fasakh for cruelty usually shows the separation was caused by the husband. Besides mut'ah, the wife may still claim ʿiddah maintenance (except in cases of nusyuz), unpaid mahr, jointly acquired property and rights relating to the children. Get advice from a Syariah lawyer on the right claims. See the question on mut'ah.

Sources

Surah al-Baqarah 2:241Act 303, s.56Act 303, s.49
← PreviousMay a wife seek fasakh because her husband is impotent or has a serious illness?Next →What happens at a session to confirm a pronouncement of talak at the Syariah Court?

Related questions

A husband divorced his wife while he was gravely ill, and then died. Does she still inherit?If he died while she was still in the 'iddah of a revocable (raj'i) talak, she inherits; if the talak was irrevocable (ba'in)…After a revocable (raj'i) talak, husband and wife still live in the same house. What is allowed and what is not?A wife in the 'iddah of a revocable talak stays in the marital home and is entitled to maintenance; according to the Shafi'i school…A husband says, "If you leave this house, you are divorced." What is the ruling if the wife goes out?According to the Shafi'i school, this is a conditional talak (verbal taʿliq): if the condition occurs, talak falls in the number…The divorce case is taking a long time. Can the wife receive maintenance while it is going on?Yes. The Syariah Court can make an interim maintenance order that takes effect at once until a final maintenance order…Is a wife entitled to maintenance during ʿiddah?Yes, for the ʿiddah of a revocable talaq (raj'i): the wife is fully entitled to maintenance and housing until the ʿiddah ends. For an irrevocable talaq (ba'in): if the wife…We married but the marriage has not been registered. If the husband pronounces talak, does it take effect?If the marriage contract was valid under the Shariah, the talak takes effect even though the marriage is unregistered; but both the…
This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

Comments or feedback

Read only by the MYPolygyny administrator — never published.

🔒 Do not include sensitive personal details. Privacy notice

About Us · Ask · Site Map · Privacy · Editorial policy · Disclaimer

✓ Pemindahan pelayan selesai — kini lebih bersedia untuk berkhidmat kepada anda. · Server migration completed — ready to serve you better from now on.