Fatwa ID: 01904

Answered by Mufti Mohammed Tosir Miah

Question:

What is the ruling of al mit'ah the additional compensation given to the wife after divorce which is mentioned in baqarah 2:236 and 2:241 and who are the women entitled to it and which women are not? 

Answer:

For the benefit of the readers I will firstly translate the two verses you are queering about.

‘Allah  in the Holy Qur’an has said:

“There is no sin on you, if you divorce women while yet you have not touched (had sexual relation with) them, nor appointed unto them their Mahr (bridal – money given by the husband to his wife at the time of marriage). But bestow on them (a suitable gift), the rich according to his means, and the poor according to his means, a gift of reasonable amount is a duty on the doers of good.” (Surah Baqarah v.236)

“And for divorced women, maintenance (should be provided) on reasonable (scale). This is a duty on Al-Muttaqûn” (Surah Baqarah v.241)

In both of these verses the word “Ma’taa” is used and we will look at the commentary of each one of them separately.

In the first verse the ruling which is being mentioned is that a husband who has not fixed a dowry for his wife and nor has he consummated the marriage, will be obliged to give something to his wife. The Holy Qur’an has not fixed any amount for this gift, hence, Saaiduna Hasan in a situation like this gave a gift of twenty thousand dirhams to the divorced woman, and Saaiduna Ibn Abbas has said that the lowest degree here is to give one set of clothes. (Maariful Qur’an p.611 v.1)

The second verse is providing compensatory benefits to the one whose dower has already been fixed lies in giving her the full amount of dower or Mahr. If the word “benefit” used in this verse is taken to mean “dower” its payment is obligatory. However, if we take the meaning of “Mataa” to mean a particular benefit, that is, the giving of a gift or set of clothes, then giving this to a divorced woman whose dowry has not been set and nor was consummated will be obligatory. (Maariful Qur’an p.614 v.1)

The upshot of the aforementioned discussion is:

1. A husband who did not stipulate a dowry for his wife and nor did he consummate the marriage, mut’ah will be obligatory. (Sunan Baihaqi p.398 v.7)
2. All other divorced women, mut’ah is desirable to give.

What constitutes Mut’aa

1. Saaiduna Hasan : twenty thousand dirhams.
2. Saaiduna Ibn Abbas : one set of clothes. They include a Qamees, headscarf and a shawl. (Sunan Ibn Majah p.147 v.1)

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.