Divorce Muta’a Between Fiqh (Islamic jurisprudence) and the Personal Status Laws (Presentation and Criticism)

Authors

Abed Alhameed Kurdi BanyFadel, Al-Ahliyya Amman UniversityFollow

Abstract

The aim of this research is to clarify a fact stated in The Holy Qura'an. This fact is mainly about a right for people. Allah wisely mentioned several times in The Holy Qura'an that the divorcee must be awarded Muta'a (the amount of money that the man gives to the woman when the divorce occurs). However, some family laws did not address this right. Furthermore, people's rights which have been stated by Allah in the Holy Qura'an cannot be a subject to opinions. As it is widely known, no opinion can be accepted when there is a provision. In addition, some verses that mentioned the Muta'a were imperative, and as stated by the Foundations of Islamic Jurisprudence, the imperative form indicates obligation. However, the legislations of the family law do not comply with what the Holy Qura'an ordered. Some of these legislations did not mention the Muta'a whatsoever, while others mentioned a mere aspect of the whole subject, and others set down details which are not related to the real Muta'a and even contradict what Allah has ordered. Therefore, there is a pressing need to address this subject again, clarify its details as they were mentioned in The Holy Qura'an and demonstrate them as interpreted by notable scholars and the various opinions of the Islamic jurisprudence schools. Therefore, I have studied the features of Muta'a in this research. I have also defined the lexical meaning of Muta'a as well as its terminology. I have traced its legality in Islam in addition to surveying the jurisprudence scholars 'opinions regarding why Islam imposed Muta'a. Consequently, I have chosen the opinion, which is more likely to be complied with the provisions of the Holy Qura'an. I have also mentioned when Muta'a is compulsory as well as when it is not. Furthermore, I have discussed the provisions of the family law related to Muta'a. In conclusion, I suggested a draft law for Muta'a.

Recommended Citation

Kurdi BanyFadel, Abed Alhameed (2016) "Divorce Muta’a Between Fiqh (Islamic jurisprudence) and the Personal Status Laws (Presentation and Criticism)," Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث: Vol. 2: Iss. 1, Article 7.
Available at: https://digitalcommons.aaru.edu.jo/aaup/vol2/iss1/7