Muslim Women’s Rights to Mut‛ah After Dissolution of Marriage: An Absolute or Limited Right?

A Muslim divorced woman is entitled to several rights after dissolution of her marriage. Those rightsinclude maintenance during c iddah, right to accommodation during ciddah, right to the custody of children, right to any deferred mahr, right to a share in jointly acquired property and right to mutc ah or consolatory gift. These rights are meant particularly to protect the interests and welfare of the divorced wife after dissolution of her marriage. Mut ah 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 mutcah under the Shari ah and provisions of Islamic law in Malaysia will be examined, to determine the extent of its application to the Muslim community in Malaysia.