MUT'AH AL-TALAQ: JAMINAN HAK DAN PERLINDUNGAN WANITA SELEPAS PERCERAIAN

Mut'ah al-Talaq: A Guarantee of Rights and a Protection for Women Upon Divorce

Abstract

The claims for mut‘ah al-talaq worth millions of Ringgit have become a sensational headlines in the local newspapers in the recent years. It mostly involves high-profile personalities. Based on this phenomenon, it appears that women are becoming more assertive in claiming their rights after going through a divorce. It also indicates the increasing confidence of the Malaysian Muslim community in the Sharia judiciary, especially the women. As such, it is not a surprise to find that the number of women claiming their rights, post-divorce (such as the mut‘ah al-talaq) is on the rise. The growing awareness of their post-divorce rights among these highly successful women also illustrates the growth of their knowledge in matters such as education, careers and other livelihood issues. This article dissects the issues in relation to the women’s rights after divorce on mut‘ah al-talaq. The views of the fiqh scholars on the matter of mut‘ah al-talaq will be presented. In addition, the mut‘ah al-talaq provisions in the Islamic Family Law will also be analyzed to discover the extent of the protection of the women’s rights based on the Islamic Law of Malaysia.