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What is the legitimacy of the "mut'at al-talaq" (consolatory gift upon divorce) and everything related to it?

1 min readAlso available in العربية

The jurists have agreed upon the permissibility of mut'ah (a compensatory gift) for a divorced woman. The basis for this is the Almighty's saying: "And provide for them, he who is of ample means according to his means, and he who is straitened in means according to his means, a provision of fairness; a duty upon the doers of good." [Al-Baqarah: 236].

Scholars have differed on whether the command in the verse signifies obligation or recommendation. Al-Shafi'i, Ahmad, and the Hanafis (Ahl al-Ra’y) hold that it is obligatory for a woman divorced before consummation and before a mahr (dower) was stipulated, and recommended for others. Whereas Malik and his followers view it as recommended for every divorced woman, even if consummation occurred, except for the woman with whom consummation has not occurred and for whom a mahr was stipulated, as what was stipulated for her is sufficient.

As for the annulment of marriage, there is no mut'ah for the woman according to the Malikis, while the Hanafis (Ahl al-Ra’y) believe she is entitled to mut'ah.

The people of knowledge have differed in determining the amount of mut'ah. However, the preponderant opinion is that there is no known limit to its minimum or maximum. Furthermore, mut'ah is not forfeited due to ignorance, even if years have passed.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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