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What is the ruling on agreeing to a divorce and the husband signing over his house to his wife and daughters in exchange for compensation for emotional distress and the pleasure of conjugal life (nafaqat al-mut'ah), while specifying the maintenance, knowing that he owns two houses?

1 min readAlso available in العربية

According to Sheikh Al-Islam Ibn Taymiyyah, mut'ah (a compensatory gift) is obligatory for every divorced woman. He based this on the verse: "And for divorced women is a reasonable provision - a duty upon the righteous" (Quran 2:241). This opinion is strong, especially if the marriage lasted for a long time.

The mut'ah should be commensurate with the husband's financial situation, whether he is well-off or of limited means, based on the verse: "And provide for them, he who is prosperous according to his means, and he who is straitened according to his means" (Quran 2:236). The highest form of mut'ah is a servant, and the lowest is a garment sufficient for her prayer.

If the husband transfers ownership of a house or part of it to his divorced wife as mut'ah, there is no objection, provided that he observes justice among his children if he has children from other women.

As for moral damage, there is no "compensation" for it in the terminology of Islamic jurisprudence. However, mut'ah serves to soothe the feelings of the divorced woman. It is permissible for him to give her whatever pleases her as an act of kindness and a gift.

The deferred dowry must be paid to the wife unless she waives it or is compensated with something else.

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

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