Is it permissible for a divorced woman to waive the maintenance and compensation (mut'ah) awarded to her by a court order?
A divorced woman has the right to maintenance and housing during her (waiting period) and throughout her pregnancy. If the court rules in her favor, she may take it or waive it. However, if it is not her right, she is not permitted to take it, and the mere fact that the judge ruled in its favor does not make it lawful, for the Prophet, peace and blessings be upon him, said: "Whoever has a portion of his brother's right cut off for him should not take it, for verily, I have cut off for him a piece of fire thereby." Therefore, she may waive what the court has ruled if she has a right to it, and she must waive it if she does not have a right to it.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 68213
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy