Legal and jurisprudential analysis of the applicability of the rule concerning the payment of Muta'a of divorce to divorced women.

Articles in Press

Document Type : Scholarly Article

Authors

1 Quran and Hadith Sciences, Faculty of Education, Isfahan University, Iran

2 Quran and Hadith Sciences, Faculty of Education and Ahl al-Bayt, University of Isfahan, Iran

Abstract

The text discusses “Muta'a of divorce” a financial institution in Islamic law intended as a gift for divorced women. The central question is whether this applies to all divorced women or a specific group. The article innovatively argues, contrary to the common Fatwa that only obligates Mut’a for divorced virgin woman without dowry, that it should be obligatory for all divorced women.

The research uses a critical analytical method to weaken the arguments that limit Mut’a to a specific group. It proposes a view that it should be paid to all divorced women, supporting this with jurisprudential evidence like verses, narrations, the conduct of religious leaders, and reason. The findings suggest Muta'a of divorce can be absolutely obligatory, with legal and jurisprudential consequences, including potentially lower dowries.

Ultimately, the article proposes establishing a new institution called “Muta'a of divorce” in the family protection section of the country’s civil law, based on strong jurisprudential support for securing the financial rights of divorced women in Islamic law and existing legal evidence in the Family Protection Law in the Islamic Republic system.

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Biannual Journal of Family Law And Jurisprudence

Articles in Press, Accepted Manuscript
Available Online from 30 April 2025

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