Should a wife, divorced due to suspicion regarding her conduct - who used to send messages stating that what is unlawful is easier and that what is unlawful tastes sweet - be entitled to a compensatory gift (nafaqat al-mut'ah) and other rights? What is the ruling of Sharia and the judiciary on this, especially since there is a clause in the marriage contract obligating the husband to pay 500 pounds monthly in case of divorce? Is this clause binding, especially given that the wife and her family deny these messages after the divorce?
The wife's utterance can be excused if she meant that haram (unlawful) is easier because it is not bound by conditions, rights, or regulations. However, if she meant that she desired to commit haram due to its ease and her love for it, then this indicates her weak religiosity and shamelessness.
As for her rights after divorce: 1. Maintenance and lodging during the iddah (waiting period) if the the divorce is revocable. Otherwise, there is no maintenance unless she is pregnant. 2. Mut'ah (compensatory gift), which is money the divorced woman is entitled to receive according to the husband's financial capacity. 3. The deferred dowry (mu'akhkhar al-sadaq) if it is still outstanding.
What she agreed upon in the marriage contract, if it was a financial penalty for divorce, is neither binding nor permissible, because it is a punishment for something permissible, and financial punishment is not allowed according to the majority of scholars. If it was part of the deferred dowry, then the dowry is invalid because its amount and term are unknown, and she is entitled to a dowry similar to that of women of her status (sadaq al-mithl). The matter is before the judiciary, and it is the judiciary that has the authority to resolve the dispute.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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