MUSLIM WOMEN’S RIGHTS TO MUTʿAH AFTER DISSOLUTION OF MARRIAGE UNDER ISLAMIC LAW: AN ABSOLUTE OR LIMITED RIGHT

Abstract

A Muslim divorced woman is entitled to several rights after dissolution of her marriage. Those rights include maintenance during ʿiddah, right to accommodation during ʿiddah, right to the custody of children, right to any deferred mahr, right to a share in jointly acquired property and right to mutʿah or consolatory gift. These rights are meant particularly to protect the interests and welfare of the divorced wife after dissolution of her marriage. Mutʿah is a property which is a replacement or an addition to the dower given to the divorced wife, to console and to assist her in facing life after divorce especially if she is divorced without just cause. This paper seeks to examine whether this right is absolute for all divorced wives or whether it is only limited to a particular situation where for example the wife is divorced without just cause or where the divorce is not initiated by the wife. For that purpose, the principle on mutʿah under the Sharīʿah and provisions of Islamic law in Malaysia will be examined, to determine the extent of its application to the Muslim community in Malaysia.