English

Swahili

QCF V2

Mahmoud Khaleel Al-Husary

Dr. Abdullah Muhammad Abu Bakr and Sheikh Nasir Khamis

Swahili Translation - Ali Muhsin Al-Barwani

Ali Muhsin Al-Barwani

Imām Ibn al-Jawzī (d. 597/1201) summarized the scholars' opinions in his book "Zād al-Masīr" as follows:

1. The maximum amount is a servant, and the minimum is clothing sufficient for her to pray in. [Reported from Ibn ʿAbbās and Saʿīd ibn al-Musayyib]
2. It is equivalent to half the dowry that would be appropriate for someone of her status. [Ḥammād, Abū Ḥanīfah]
3. It should be according to his wealth or poverty, and this should be determined by the judge's discretion. [Al-Shāfiʿī, Aḥmad]
4. The provision should be clothing sufficient for prayer, such as a gown and a headscarf. [Another narration from Aḥmad]

How much "provision" is mandated in this āyah?

Imām Ibn al-Jawzī (d. 597/1201) summarized the scholars' opinions in his book "Zād al-Masīr" as follows:

1. It is obligatory. Those who hold this opinion differ regarding which types of divorced women it is obligatory for, with three specific views:
(a) It is obligatory for every divorced woman. [Reported from ʿAlī, al-Ḥasan, Abū al-ʿĀliyah, al-Zuhrī]
(b) It is obligatory for every divorced woman except the one for whom a dowry was specified but the marriage was not consummated; in this case, she is entitled to half of the specified dowry. [Ibn ʿUmar, al-Qāsim ibn Muḥammad, Shurayḥ, Ibrāhīm]
(c) It is obligatory for the woman divorced before consummation if no dowry was specified; if the marriage was consummated, there is no provision (*mutʿah*), but she is entitled to a dowry in accordance with her social status. [al-Awzāʿī, al-Thawrī, Abū Ḥanīfah, Aḥmad ibn Ḥanbal]

2. The provision is recommended, not obligatory, regardless of whether a dowry was specified, or whether consummation occurred. [Mālik, al-Layth ibn Saʿd, al-Ḥakam, Ibn Abī Laylā]

Is the provision (*mutʿah*) mentioned in this āyah obligatory or recommended?