Is a woman who has been arbitrarily divorced—and has received compensation for it—entitled to keep this compensation, knowing that she has no children?
The divorced woman is entitled to the stipulated Mahr (dowry) or Mahr al-Mithl (dowry of her peers), and the Mut'ah (consolatory gift). The Mut'ah is obligatory if the divorce occurred before consummation and no Mahr was stipulated for her, and it is recommended if the divorce occurred after consummation. Some jurists are of the opinion that the Mut'ah is obligatory for every divorced woman to console her, and their evidence is the Almighty's saying: ﴿And for divorced women is a provision [Mut'ah] by customary standard - a duty upon the righteous.﴾ The Mut'ah is determined by the husband's financial status, whether rich or poor. It is permissible for the woman to take compensation if what is meant by it is the Mut'ah appropriate to the husband's situation, or the remainder of her Mahr, or a due maintenance that the man fell short in providing, or maintenance during the 'Iddah (waiting period). As for compensation for arbitrary divorce and emotional damage, there is no legal basis for it in Islamic law, and it is not permissible to take it.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/7720