FatwaFederal TerritoriesMarriage & Family
AL- KAFI #1044: LAYAKKAH ISTERI YANG DICERAI MENDAPAT MUT’AH SETELAH MENDAPAT MAHAR MITHLI
Is a wife who is divorced after consummation still entitled to mut'ah even after receiving the mahr mithl?
Short answer
A wife divorced after consummation is entitled to mut'ah. Mut'ah is property the husband must give to a wife he has left, whether through divorce or separation.
A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.
- Authority
- Federal Territories Mufti Office
- Date
- Status
- Opinion (irsyad)
- Series
- Al-Kafi li al-Fatawi
- Topic
- Marriage & Family
No evidence of gazettement in the source — this is not a gazetted fatwa.
Summary
A wife divorced after consummation is entitled to mut'ah. Mut'ah is property the husband must give to a wife he has left, whether through divorce or separation. It is also obligatory for a wife divorced before consummation when no dowry was stated at the contract, and for a wife ordered to separate because the husband apostatised or made li'an. A wife divorced before consummation whose dowry was stated is not entitled to mut'ah, since she already receives half of the dowry.
Written in our own words from the original fatwa — check the source before acting on it.
Justeru, berdasarkan jawapan di atas dan penerangannya, maka jelas isteri yang diceraikan selepas persetubuhan berhak mendapat mut'ah.
Read the full fatwa on the Federal Territories website (new tab)
How to cite
Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.
Federal Territories Mufti Office. “AL- KAFI #1044: LAYAKKAH ISTERI YANG DICERAI MENDAPAT MUT’AH SETELAH MENDAPAT MAHAR MITHLI”, 14 January 2019. https://muftiwp.gov.my/ms/artikel/al-kafi-li-al-fatawi/3019-al-kafi-1044-layakkah-isteri-yang-dicerai-mendapat-mut-ah-setelah-mendapat-mahar-mithli. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/is-divorced-wife-entitled-to-mutah-after-mahr-mithl/