Divorce Compensation (Mutat al-Talaq)

The amendment six of divorce law reform, approved 1998, has been legislated for support of women and guarantees financial compensation of their efforts in common life. Although in practice, the law ambiguity and intricacy disappoint spouses from restitution their rights. Moreover, lack of clear criteria to define the amount and the way of receiving financial compensation of divorce lead judges to decide about it different from each other. In this research, we investigated Quranic verses, Islamic traditions about divorce compensation, religious goals, and strategic principles in Islamic legislation system that conduces to special finance support of women particularly divorcées.After reviewing the arguments, and clarifying the reason of issuing such order, we may conclude that when removal of charge was due to divorce compensation, only if the wife asked for divorce, judge can deny her merit to compensation. But with attention to the philosophy of temporary married wife (Muta), it is better to pay divorce compensation to all divorced women. If divorce happens before marriage consumption and fixing marriage portion, the criteria to determine divorce compensation, would be the status of wife, but after marriage consumption and fixing marriage portion, the husband financial status is the criteria.