6 J. Islamic St. Prac. Int'l L. 40 (2010)
For the Sake of Justice: Protecting Divorced Women's Rights in Pakistan by Re-Examining the Sharia Principle of Mutat (Post-Divorce Maintenance)

handle is hein.journals/jispil6 and id is 44 raw text is: Sha hid -Protecting Divorced Women 's Rights in Pakistan

FOR THE SAKE OF JUSTICE: PROTECTING DIVORCED WOMEN'S
RIGHTS IN PAKISTAN BY RE-EXAMINING THE SHARIA
PRINCIPLE OF MUTAT (POST-DIVORCE MAINTENANCE)
Ayesha Shahid*
SUMMARY
In this paper the author seeks to address the issue of payment of mutat (post-divorce
maintenance) to women under Islamic legal tradition. The author argues that the dynamic and
evolving nature of Sharia does provide a room for awarding post-divorce maintenance to the
ex-wife in legally pluralistic Muslim countries like Pakistan. To achieve this end, the debate
on women rights needs to he refrained by emphasizing the egalitarian ethics of Islam while
interpreting the Qur' an, and deconstructing Sharia-related rules, only then provisions such as
muttat could be included in the legislative frameworks.
Key Words: Post-divorce maintenance, Justice, Fairness and well-being, Ijtehad, Pakistan
family law reform
CONCEPT OF MUTAT IN ISLAMIC LEGAL TRADITION
The concept of long-term maintenance of a woman after her iddat period is known as mutat
and generally extends until her death or remarriage to another man.1 In the Qur' an the word
muttat has been used in the context of maintenance and gift2 but it should not be confused
with nafaqah (maintenance) or mahr (dower) as the three have existed as independent
institutions of Islamic law. 3 In Islamic legal tradition the term also refers to maut'at al-talaq or
nafaqat al mut'a, i.e. a payment by the husband to his wife upon divorcing her.4 The issue
IlTe author is a Lecturer in Law at the Law School University of Hull, United Kingdom.
D El-Alami, 'Mut'at al-Talaq under Egyptian and Jordanian Law' (1995) 2 Yearbook of Islamic and
Middle Eastern Law 54.
D El-Alamni, 'Mut'at al-Talaq under Egyptian and Jordanian Law' (1995) 2 Yearbook of Islamic and
Middle Eastern Law 54.
3A Quraishi and FE Vogel (eds), The Islamic Mfarriage Contract: Case Studies in Islamic Family Law
(Harvard University Press, Cambridge, Mass 2008) 192.
4Mutat can be in the form of clothes, property or money commensurate to the position and the capability of
the ex-husband. Islam does not fix the sum of mutat and it depends on the consensus of both parties.

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