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Introduction

Elaboration and discussion Issues related to the topic Conclusion

Introduction
Women's rights after divorce as far as their former spouse's pension can be difficult to understand, even for lawyers. It is undeniable that, many women finding it was difficult to survive after divorce or after losing her husband. This is mainly because they are not formerly working (full-time housewife) or not being able to work because she doesnt got the permission from the husband. Thus, it is necessary for a woman to have some right for the children and herself to stay alive.

What happen if there is no right of woman after divorce?


suicide Increase of divorce rate murder

Starvation

Depression

Homeless

Elaboration and discussion


The right of woman after divorce

A WOMANS RIGHT TO HER CHILD CUSTODY

In case of separation or divorced between a husband and wife, the custody of the child will be given to the mother. According to Amr Ibn Shu'aib, a woman came to the Prophet (saaws peace and blessings of Allah be upon him) and said: 'Truly my belly served as a container for my son here, and my breast served as a skin-bag for him (to drink out of) and my bosom served as a refuge for him; and now his father has divorced me, and he (also) desires to take him away from me.' The Prophet said: 'You have a better right to have him, as long as you do not marry again. Hadith: Ibn Majah

Duration of custody between the Four Schools of Islamic Jurisprudence.


School of Law Hanafi Transfer trigger Boy: 7 / 9 year age Next eligible custodian Boy: Choice of either parents Next eligible custodian Maternal grandmother / paternal grandmother Next eligible custodian Mothers sister (khala)

Girl: marriage / Girl: Father 9-11 age

Shafie

7 years age/ discretion age

Choice of either parents

Maternal grandmother / paternal grandmother


Maternal grandmother / Khala Maternal grandmother / paternal grandmother

Mothers sister (khala)

Maliki

Boy: Maturity Girl: Marriage 7 years age

Grandmother

Paternal grandmother Mothers sister (khala)

Hanbali

Choice of either parents

Besides that the right of custody also can be taken away from the mother if she :

1. Leaves Islam 2. Openly indulges in sins such as adultery 3. She does not attend to the child due to her leaving the house very often 4. She marries a non-relative (stranger) to the child by which the child may be affected 5. She demands payment for the upbringing of the child if there is another woman to raise the child without remuneration

A father should provide the necessities of his children even though they are under their mothers obligation. At all times the father of the child is responsible for maintaining the child; in the case of a female, until she marries; while in the case of a healthy male, until he reaches maturity. In the case of a disabled child (male or female) the father is permanently responsible. (See Radd al-Muhtar of Ibn Abidin Ibid 604). When the mother has the rights of custody but does not have a shelter to stay in with the child, the father must provide shelter for both (See Radd al-Muhtar of Ibn Abidin Ibid pg. 561)

IDDAH MAINTENANCE
What is Iddah and when is the iddah maintenance given? Iddah is the length of time that a wife must wait following her divorce or following the death of her husband to make sure that she is not pregnant before she could re-marry. During this period, maintenance (nafkah iddah) will be provided for by her ex-husband.
Iddah caused by talak Pregnancy Iddah

Iddah falls under four classifications:

Iddah caused by the death of the husband Iddah wife who lost her husband

Hadith (O Prophet! When you divorce women, divorce them at their `Iddah) Al-Bukhari recorded that `Abdullah bin `Umar divorced his wife, during the lifetime of Allah's Messenger , while she was menstruating. `Umar bin Al-Khattab mentioned that to Allah's Messenger . Allah's Messenger became angry and said, (Order him to take her back and keep her until she is clean from her menses, and then to wait until she gets her next period and becomes clean again. Then, if he wishes to divorce her, he can divorce her when she is clean from her menses, before he has sexual intercourse with her. This is the `Iddah which Allah the Exalted and Most Honored has fixed.) Al-Bukhari recorded this Hadith in several parts of his Sahih. Muslim collected this Hadith and his

Importance from the rule of iddah

1. Give an ample time for the husband and wife to think for them to make a decision weather they want to be together again or not. 2. To ensure that the woman is not pregnant from the first husband. 3. Giving the time for the couple to reminisced the deeds received in their good time.

Mutah
What is Mutah? Mutah is a bundle of property where the husband must give to his exwife if the source of divorce comes from the wife and not from the death of the husband as another word its a gift at the time of divorce. The form of Mutah : Mutah can be in a form of cloth, things or money according to the wealth of the husband. Islam has no guideline for the rate of Mutah. The rate of Mutah is dependent on the redha and agreement between the husband and wife. However,if there is some disagreement between them, the Syariah Court will decide the rate that the husband suppose to give to the wife.

The function of Mutah : The ex-wife can use that money to begin a new independent life post-divorce. To avoid public negative perception on the ex-wife. To ensure that the divorce proceedings are conducted in the right spirit and as a symbol of appreciation for the ex-wifes sacrifices and contribution to the family.
Hadith (The Mut`ah (Gift) at the time of Divorce) Allah commands the husband to give the wife (whom he divorces before consummating the marriage) a gift of a reasonable amount, the rich according to his means and the poor according to his means, to compensate her for her loss. Al-Bukhari reported in his Sahih that Sahl bin Sa`d and Abu Usayd said that Allah's Messenger married Umaymah bint Sharahil. When she was brought to the Prophet he extended his hand to her, but she did not like that. The Prophet then ordered Abu Usayd to provide provisions for her along with a gift of two garments.

Issue related to mutah

The Right to Claim the Debt

Woman can claim the dept to the husband if he did not pay dowry, did not give any money to live during marriage, did not pay anything to raise the child and so on. The divorced woman can only claim the money she and the children didnt get for her basic needs during marriage. Dowry is the gift from a groom to the bride of either a fixed financial amount or even a property amount. It is commonly mistaken to wedding present from the groom. (hantaran)
"And give women (on marriage) their dower (Mahr) as a free gift; but if they, of their own good pleasure, remit any part of it to you, take it and enjoy it with right good cheer." (An-Nisa' :4) As giving a dowry to the bride is obligatory in Islam, a husband is prohibited to take back the dowry. Paying the dowry must not be delayed, unless the wife give the permission.

Dowry rate according to states in Malaysia

State

Value (RM)

Virgin
Perlis / Kedah / Terngganu / Kelantan

Widow/Divorced
Not Specified

Pulau Pinang
Perak Selangor* / Kuala Lumpur RM 101.00 RM 80.00

RM 24.00

RM 40.00

Negeri Sembilan*
Melaka Johor Pahang Sabah Serawak

RM 24.00
RM 40.00 RM 22.50 RM 22.50 RM 100.00 RM 120.00

RM 12.00

RM 80.00 RM120.00

The right to have a share of the properties gained during marriage period.

A divorced woman has the right on the properties gained during the marriage period. The court has the power to give order to the couple to split up the properties or to sell them and split between the two. Actually, there is no exact wording from our prophet (SAW) nor it was ever stated by the muslim scholar. Splitting the properties gained during the marriage period is more likely to be the custom in Malaysia. This rule is allowed because it does not against the Islamic law, thus it is included in Syariahs Law in Malaysia.

Quran Verse
And do not long for things by which Allah has given superiority to some of you over others; for men is the share of what they earn; and for women the share from what they earn; and seek from Allah His munificence; indeed Allah knows everything. (4:32 )

Maybe one may wonder why the non-working wife has the right on the properties. This is simply because she is always be beside him to give him moral support, ideas etc. while the other one struggling to gain the money or even a title. It is believed that every mans success has a woman behind him. Thus, it is fair that she have the rights on the properties as it is possible that the husband may gain nothing from the support of a wife.

The right to accommodation and alimony

{ Keep the women in the same style as you live, according to your means. And do not harm them, so as to restrict them. And if they are bearing (child), then spend on them until they deliver their burden: and if they suckle for you, give them their recompense: and take mutual counsel together, according to

what is just and reasonable. And if you find yourselves in difficulties, let
another woman suckle instead. ( Surah at-talaq (65) : 6) He also Says:

{And for divorced women, maintenance (should be provided) on reasonable


(scale). This is a duty on Al-Muttaqn.} [Surah al-baqarah(2):241].

A divorced wife has the following instant rights over her (previous) husband: 1. He has to provide her with housing and maintenance or alimony if she is in a state of revocable divorce, as long as she is in her 'Iddah .

- Allah Says (interpreting of meaning): { Keep the women in the same style as you live, according to your means. And do not harm them, so as to restrict them} [65:6] - Qatadah said: 'If you can only afford to accommodate her in a corner of your house, then do so

3. The breast-feeding divorced woman also has the right of wages of such a nursing.

* Allah Says (interpretation of meaning): {Then if they give suck to the children for you, give them their due payment, } [65:6]. * She is allowed to enter into a contract with the father or his representative in return for whatever payment they agree to * If the divorced couple disagrees, because the woman asks for an unreasonable fee for suckling their child, and the father refuses to pay the amount or offers an unreasonable amount, he may find another woman to suckle his child *Allah Says ( interpretation of meaning): { And if you find yourselves in difficulties, let another woman suckle instead.} [65:6] * If the mother agrees to accept the amount that was to be paid to the woman who agreed to suckle the child, then she has more right to suckle

Limitations:

Islamic Family Law (Federal Territory) Act 1984 : section 71. (Seksyen 71 Akta Undang-Undang Keluarga Islam (Wilayah Persekutuan) 1984 ) (1) A divorced woman is entitled to stay in the home where she used to live when she was married, for so long as the husband is not able to get other suitable accommodation to her . (2) The right of accommodation provided in subsection (1) shall cease

(a) if the period of iddah has expired; or (b) if the period of guardianship of the children has expired ; or (c) if the woman has remarried; or (d) If the woman has been guilty of open lewdness (fahisyah).
And there upon the husband may apply to the court for the return of the home to him.
Allah Says (interpretation of meaning): {and turn them not out of their (husband's) homes, nor shall they (themselves) leave, except in case they are guilty of some open illegal sexual intercourse. And those are the set limits of Allh. } [65:1].

Conclusion
Right of woman after divorce is very important to avoid many consequence problems. Refer slide no.3 The best way to solve these problems is by discussion between the couple without involving the third party. The most important thing is the husband and the wife must not involve their emotional problem in solving this matter. It is clear that woman is never being oppressed in Islam.

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