Iddah comes from the Arabic word which means “a period of waiting”. It is a period of waiting during which she may not re-marry another man. One of the reasons is to ensure that there is no offspring conceived from the ex-husband.
The length of iddah varies according to a number of circumstances. The iddah of a woman divorced by her husband is generally 3 months. If the wife is pregnant, then the iddah duration lasts until she gives birth.
There’ll be more articles on nafkah iddah later on. Most of the time, there is no iddah for triple talaq scenarios, instances where the wife is nusyuz or when the marriage is dissolved by way of fasakh. This is of course a non-exhaustive list of circumstances.
Nafkah mutaah is a form of monetory gift (consolation) from the husband to his ex-wife. It is a form of gift to show ‘appreciation’ to the ex-wife for her time, her sacrifices for their family and children and effort during their period of marriage.
Mutaah is made obligatory to be paid by the men to their ex-wives and one of its purposes is to lighten women’s burden after the separation.
This is also to aid the newly-singled women to lead their daily life, who now do not have a husband to support them. It is important to note that there is no concept of nafkah mutaah in the Hanafi school of thought.
Many of you whom are thinking of proceeding with a muslim divorce would have heard people saying that the amount to claim for nafkah mutaah from the husband should be $10.00 or more. And the higher you put in your request, the higher you get.
Price For Mutaah
It is critical to note that there is no straight forward formula for calculating nafkah mutaah. Generally, it can be said that if the husband’s salary is between $3,000.00 to $5,000.00 then mutaah awarded can be anywhere between $3.00 to $7.00 per day for the duration of the marriage.
How Much Is Mutaah Compensation?
But to summarise on the calculations, here’s how mutaah is calculated. Let me illustrate.
If mutaah of $5.00 per day is ordered and the marriage only lasted for a year, then the husband is only bound to pay $5.00 for each day for the one (1) year-long marriage as opposed to non-muslim marriages where maintenance (if ordered) has to be paid to the wife until she remarries or dies.
However, there may be many other factors that may affect the amount of mutaah awarded by the Court. Not all cases are the same or straight forward.
This particularly depends on whether there is likely to be a net profit arising from an order for the sale of the matrimonial home.
Also, the indirect contributions (non-monetary) to the household and whether there are substantial balances (relative to the wife) in the husband’s CPF accounts.
Different Amount Of Mutaah
There are many variables to be considered. Whether or not the husband is working, has he been providing as a husband or whether or not the wife is working. The Syariah Court will have the final ruling after examining all facts presented.
If it is a long marriage with children, the wife is bound to get quite a sizeable percentage of the husband’s monies in his CPF accounts as part of the division of matrimonial assets.
However if there is no matrimonial home and/or if there are no monies in the husband’s CPF accounts, a higher sum may be awarded for mutaah in order to reward/compensate the wife.
As for the men, unfortunately, there is no way (yet) to claim maintenance from your wife or wives (as the case may be).
Engaging a lawyer is not compulsory but it is definitely helpful especially when there is a lot at stake.
As lawyers, our professional duty is to represent our clients through their divorce proceedings. We will not advise you on whether or not is it better for you to divorce. That is a decision that you will have to make on your own accord.
If you have not made up your mind or wish to save your marriage, please proceed to a counsellor or Ustaz who will be able to advise you better.
We are here to assist those whom wish to divorce or are in the midst of divorce or PPO proceedings.
Do contact us to find out more about divorce matters and Syariah Law.