Giving the wife a parting gift after divorce
Q: I am reading the kitaab (Handbook to a healthy Muslim marriage) after learning the fiqh of nikaah.
I'm on page 236... its explained that when a husband divorces his wife, he should provide parting gifts to his wife e.g. a set of clothing. It is the first time I'm hearing of this hence..
My question is, does this happen in our South African community and is the above also known as Mahr Mithal. My Apa taught us about Mahr Mithal from Behishti Zewar.
A: During the iddah period, the husband should provide maintenance for his ex-wife. Maintenance entails providing her with accomodation and seeing to her needs (food, clothing, etc).
The gifts which you have mentioned in your question refers to mutah. Mutah means to give the wife one set of clothes, a scarf and an outer-garment which covers the entire body according to his financial capacity. Giving mutah is only compulsory in the situation where the husband did not stipulate any mahr before the nikaah and then divorced the wife before consummating the nikaah.
The law of Shariah is that when the husband divorces his wife before consummating the nikaah, then she is entitled to receive half of the stipulated mahr. However, in the case where the husband did not stipulate any mahr before the nikaah, then since no mahr was mentioned, it is compulsory upon the husband to give her mutah in place of the half mahr which she was entitled to receive.
Note: Giving mutah in this situation is compulsory. However, in other situations, since the wife is going to receive the mahr (in the case where the nikaah was consummated) or half the mahr (in the case where the nikaah was not consummated), giving mutah is not compulsory but optional (mustahab).
And Allah Ta'ala (الله تعالى) knows best.
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