Divorce (Muslims)
Mahr, Nafaqah ‘Iddah and Mut’ah
Mahr, Nafaqah and Mut’ah are three obligations of marriage in Islam that takes effect successively upon the solemnisation of marriage, the subsistence of it and upon breakdown. Though the obligations are successive and play a systematic role in a marriage, their differences are well discernable. All three are governed by different sets of norms. Mahr and Mut’ah cannot be substituted for maintenance, although both carry economic benefits to the wife, as these have a greater social and moral purpose. Mahr bears some reflection on the status of the woman in the society as does mut’ah which reflects upon the status of the husband. A wife’s right to maintenance gets suspended even during the subsistence of marriage should the wife become disobedient but mut’ah is payable even in the case of disobedient wives.

Mahr is described as an obligatory marriage payment due under Hukum Syara by the husband to the wife at the time the marriage is solemnised whether in the form of money or in any other form which according to Hukum Syara is capable of being valued in terms of money. If the mahr takes a form other than cash, the female party must agree upon it because the mahr belongs to her. Otherwise, without her agreement, the property would only be a gift and not mahr.

According to section 21 of the Islamic Family Law (Federal Territories) Act 1984 (IFLA), the mas kahwin (mahr) shall ordinarily be paid by the man or his representative to the woman or her representative in the presence of the person solemnising the marriage and at least two other witnesses and this is recorded in the marriage certificate. The reason for recording the payment is for the maslahah of the wife, i.e. if there is dissolution of the marriage, she could claim it if it is still unpaid.

After divorce, a Muslim woman is entitled to reasonable maintenance from her husband during the ‘iddah period on the same scale as before the divorce, conditionally on submitting to her husband’s control as regards the place of residence and general behaviour. In practice, however, it is difficult for divorced women to claim for maintenance, even more so maintenance during ‘iddah as there are many ways for men to avoid their responsibilities.