Article Title

Mut’ah Divorce: Its Concepts and Its Provisions: A Comparative Study between Islamic Jurisprudence (Fiqh) and Omani Law

Authors

Dr. Rashid bin Hamoud Naziri, Assistant Professor of Islamic Jurisprudence and its Fundamentals College of Law, Sultan Qaboos University, Sultanate of OmanFollow

Abstract

The study discusses the money paid to the divorcee woman (Mut’ah) as a result of the divorce. Many Muslim scholars have different views towards the provisions and details of this due payment to the divorcee. Further, the Omani Personal Statue law has an opinion for its provisions. As a result, this study is conducted to set the base for this opinion, explain its view, intentions and goals that law bore in its’ inactions.

This study has two approaches; the first one is classified into two sub-quests. The first sub-quest discusses the linguistic definition of (Mut’ah), while the other one discusses the responsibility judgment in terms whether it is a must or a recommended action.

The second approach demonstrate the time when payment is due to the divorcee the case of reversal or non-reversal divorce. Further, the second approach discusses, as well, the amount of payment as per the Shari’ah and legal laws (first sub-quest), and whether the amount of payment (Mut’ah) is identified between a minimum and maximum money (second sub-quest), the reasons when this amount of money is relinquished (third sub-quest).

Recommended Citation

Naziri, Dr. Rashid bin Hamoud (2022) "Mut’ah Divorce: Its Concepts and Its Provisions: A Comparative Study between Islamic Jurisprudence (Fiqh) and Omani Law," مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL: Vol. 89: No. 89, Article 8.
Available at: https://digitalcommons.aaru.edu.jo/sharia_and_law/vol89/iss89/8