متعة الطلاق و علافتها بالتعويض عن الطلاق التعسفي

Abstract EN

There is a consus agreement among jursiprudents regarding the legitimacy of mut’ah (divorce compensation).

This consensus is based on the Qur’anic verses that prescribed compensation for divorce in suras Al-Baqarah and Al-Ahzab.

The disagreement among scholars in this respect was in the degree of legitimacy.

The first group of scholars states that compensation is recommended (mustahab) for each divorcee.

It is not obligatory whether the dowry was specified or not.

The second group states that it is obliga-tory.

Some of them state that it is oblibgatory for each divorcee; the second group states that it is obligatory for each divorcee except when the dowry was specified and no sexual intercourse happened between the husband and his divorcee.

In such a case, the divorcee deserves half of the assigned dowry.

The third group states that it is obligatory for the divorcee before intercourse between her and her husband if no dowry was assigned.

Schol-ars also disagreed about the amount of compensation.

It was concluded that compensation is obligatory for each divorcee whether she asked for divorce or not and regardless of intercourse between them.

The amount of compensation is left to the judge who will estimate the conditions of the divorcee and decide the amount of the compensation accordingly, pro-vided that it should not exceed half of the dowry of similar examples.