Elaboration and discussion Issues related to the topic Conclusion

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 doesn’t 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 .


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

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 Mother’s sister (khala) Girl: marriage / Girl: Father 9-11 age Shafi’e 7 years age/ discretion age Choice of either parents Maternal grandmother / paternal grandmother Maternal grandmother / Khala Maternal grandmother / paternal grandmother Mother’s sister (khala) Maliki Boy: Maturity Girl: Marriage 7 years age Grandmother Paternal grandmother Mother’s sister (khala) Hanbali Choice of either parents .


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

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

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 . maintenance (nafkah iddah) will be provided for by her ex-husband. During this period.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.

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

. To ensure that the woman is not pregnant from the first husband.Importance from the rule of iddah 1. Giving the time for the couple to reminisced the deeds received in their good time. 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. 3.

The rate of Mut’ah is dependent on the redha and agreement between the husband and wife.if there is some disagreement between them. . Islam has no guideline for the rate of Mut’ah. the Syariah Court will decide the rate that the husband suppose to give to the wife. However.Mut’ah What is Mut’ah? Mut’ah 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 it’s a gift at the time of divorce. things or money according to the wealth of the husband. The form of Mut’ah : Mut’ah can be in a form of cloth.

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

Issue related to mut’ah .

take it and enjoy it with right good cheer. (hantaran) "And give women (on marriage) their dower (Mahr) as a free gift. It is commonly mistaken to wedding present from the groom. did not pay anything to raise the child and so on. a husband is prohibited to take back the dowry. unless the wife give the permission. but if they. The divorced woman can only claim the money she and the children didn’t 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.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. remit any part of it to you. Paying the dowry must not be delayed. of their own good pleasure. ." (An-Nisa' :4) As giving a dowry to the bride is obligatory in Islam.

00 RM 40.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 Negeri Sembilan* Melaka Johor Pahang Sabah Serawak RM 24.00 RM 120.00 RM 12.00 RM120.00 RM 22.00 RM 24.00 RM 40.00 RM 80.00 RM 80.50 RM 22.00 .50 RM 100.

Actually. This ‘rule’ is allowed because it does not against the Islamic law.The right to have a share of the properties gained during marriage period. Splitting the properties gained during the marriage period is more likely to be the custom in Malaysia. A divorced woman has the right on the properties gained during the marriage period. thus it is included in Syariah’s Law in Malaysia. there is no exact wording from our prophet (SAW) nor it was ever stated by the muslim scholar. . 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.

It is believed that every man’s success has a woman behind him. and for women the share from what they earn. indeed Allah knows everything. and seek from Allah His munificence. This is simply because she is always be beside him to give him moral support. Thus. while the other one struggling to gain the money or even a title.•Quran Verse And do not long for things by which Allah has given superiority to some of you over others. ideas etc. for men is the share of what they earn. (4:32 ) Maybe one may wonder why the non-working wife has the right on the properties. 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 .

then spend on them until they deliver their burden: and if they suckle for you. according to what is just and reasonable.} [Surah al-baqarah(2):241]. . give them their recompense: and take mutual counsel together. And if you find yourselves in difficulties. This is a duty on Al-Muttaqûn. And do not harm them. let another woman suckle instead. And if they are bearing (child). { Keep the women in the same style as you live. so as to restrict them. ( Surah at-talaq (65) : 6) He also Says:  {And for divorced women. maintenance (should be provided) on reasonable (scale). according to your means.

so as to restrict them…} [65:6] .Qatadah said: 'If you can only afford to accommodate her in a corner of your house. He has to provide her with housing and maintenance or alimony if she is in a state of revocable divorce.A divorced wife has the following instant rights over her (previous) husband: 1. . according to your means. as long as she is in her 'Iddah .Allah Says (interpreting of meaning): { Keep the women in the same style as you live. then do so„… . And do not harm them.

* 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. The breast-feeding divorced woman also has the right of wages of such a nursing. then she has more right to suckle .3. give them their due payment. let another woman suckle instead. and the father refuses to pay the amount or offers an unreasonable amount. * Allah Says (interpretation of meaning): {…Then if they give suck to the children for you. because the woman asks for an unreasonable fee for suckling their child.} [65:6] * If the mother agrees to accept the amount that was to be paid to the woman who agreed to suckle the child. he may find another woman to suckle his child *Allah Says ( interpretation of meaning): {… And if you find yourselves in difficulties. …} [65:6].

And there upon the husband may apply to the court for the return of the home to him. except in case they are guilty of some open illegal sexual intercourse. Allah Says (interpretation of meaning): {…and turn them not out of their (husband's) homes. And those are the set limits of Allâh. (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 . . nor shall they (themselves) leave. for so long as the husband is not able to get other suitable accommodation to her . or (c) if the woman has remarried. or (d) If the woman has been guilty of open lewdness (fahisyah).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. …} [65:1].

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


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