🚪 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

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This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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