Is ‘Divorce Compensation’ Obligatory in the Shafi‘i School? – Shaykh Irshaad Sedick
Shafi'i Fiqh
Answered by Shaykh Irshaad Sedick
Question
I heard moral compensation after divorce (mut‘a) is obligatory in the Shafi‘i School on certain conditions. Can you tell me if this is true? For example, in the situation of a man who divorces his wife because she mistreated him, does the man have to pay mut’a? This seems irrational to me.
Answer
In the Name of Allah, the Most Merciful and Compassionate. May Allah alleviate our difficulties and guide us to what pleases Him. Amin.
The Concept of a Supportive Gift (Mut’a) in Sacred Law originates from the term “Mata‘”, symbolising objects or experiences from which pleasure and benefit are derived.
In the context of Islamic marital laws, Divorce Compensation (Mut‘a) specifically denotes a financial entitlement a husband is obliged to provide to his wife in the event of a separation, whether through divorce or mutual parting. This concept is a gesture of support and a means to ease the transition for the woman departing the marital bond.
If the wife mistreated her husband, perhaps this beautiful gesture may inspire her to change her ways, and Allah knows best.
Eligibility for ‘Divorce Compensation’
The obligation of providing Divorce Compensation (Mut‘a) is incumbent upon the husband under the following circumstances:
- If the divorce occurs after the marriage has been consummated.
- In the event of a pre-consummation divorce, provided no dowry (or specific financial provision) was stipulated in the marital agreement.
- If a separation is decreed due to her husband’s actions, such as his apostasy or their mutual cursing, and this separation occurs after consummation, but only if no specific Mahr was mentioned in the marriage contract.
However, a woman divorced before consummation, who had a Mahr named in the marriage contract, is not entitled to Mut‘a because she already has a right to half of the Mahr. And has not yet provided anything to her husband. [Shirbini, Mughni al-Muhtaj]
Basis for ‘Divorce Compensation’
The evidence for the obligation of Divorce Compensation (Mut‘a) is found in the Quranic verses: “There is no blame upon you if you divorce women you have not touched nor specified for them an obligation. But give them [a gift of] compensation – the wealthy according to his capability and the poor according to his capability – a provision according to the best [custom], a duty upon the doers of good” [Quran 2:236] and “And for divorced women is a provision according to what is acceptable, a duty upon the righteous” [Quran 2:241].
Determining the amount of the ‘Divorce Compensation’
The amount of Divorce Compensation (Mut‘a) can either be agreed upon by the couple or, in the case of disagreement, determined by a judge. The judge considers the husband’s financial status and the wife’s social status and qualities. Allah Almighty says, “But give them [a gift of] compensation – the wealthy according to his capability and the poor according to his capability” [Quran 2:236], and “And for divorced women is a provision according to what is acceptable” [Quran 2:241]. [Shirbini, Mughni al-Muhtaj]
It is recommended that the Divorce Compensation (Mut‘a) should not be less than thirty dirhams (silver coins) or its equivalent, and it should not exceed half of the standard compensation.
A perceived wisdom behind legislating Divorce Compensation (Mut‘a) is to console the divorced woman as she leaves her matrimonial home, to alleviate the strangeness she may feel from parting with her husband, and to mitigate the bitterness and animosity that this separation might cause.
I pray that this answer benefits and that Allah knows best.
[Shaykh] Irshaad Sedick
Checked and Approved by Shaykh Faraz Rabbani
Shaykh Irshaad Sedick was raised in South Africa in a traditional Muslim family. He graduated from Dar al-Ulum al-Arabiyyah al-Islamiyyah in Strand, Western Cape, under the guidance of the late world-renowned scholar, Shaykh Taha Karaan.
Shaykh Irshaad received Ijaza from many luminaries of the Islamic world, including Shaykh Taha Karaan, Mawlana Yusuf Karaan, and Mawlana Abdul Hafeez Makki, among others.
He is the author of the text “The Musnad of Ahmad ibn Hanbal: A Hujjah or not?” He has served as the Director of the Discover Islam Centre and Al Jeem Foundation. For the last five years till present, he has served as the Khatib of Masjid Ar-Rashideen, Mowbray, Cape Town.
Shaykh Irshaad has thirteen years of teaching experience at some of the leading Islamic institutes in Cape Town). He is currently building an Islamic online learning and media platform called ‘Isnad Academy’ and pursuing his Master’s degree in the study of Islam at the University of Johannesburg. He has a keen interest in healthy living and fitness.
