Mataa’ (alimony or consolatory payment)

Abstract

Marriage holds significant importance in the lives of both men and women, acknowledged by both Islamic and conventional legal systems as the cornerstone of human society. However, marriages often encounter challenges worldwide, leading to marital breakdowns, estrangement between spouses, separation of children from their parents, and the erosion of family institutions. In such circumstances, family laws offer temporary relief from these hardships and calamities, particularly for divorced wives. Various provisions exist to ensure that a divorced wife receives necessary support, which may include Mat’ah, maintenance, lump sum payments, or property division. This paper focuses on examining Mat’ah and maintenance for a divorced wife. Mat’ah, an Arabic term, refers to something given for the benefit of the recipient or an act that brings pleasure, such as a gift from the husband to his wife upon divorce. According to Islamic teachings, a revocably divorced woman (i.e., following the first or second talaaq) is entitled to maintenance during her ‘iddah, and she cannot be expelled from the marital home, as stated in the Quran (al-Talaaq 65:1). Mat’ah serves to counter negative assumptions and uphold the dignity of both the wife and her family, thus playing a crucial role in the physical, emotional, economic, and social well-being of the divorced wife. Islamic law and Malaysian Muslim Law provide for the maintenance of a divorced wife only until the end of the ‘iddah period. However, this right may be forfeited if the wife is found guilty of nusyuz (disobedience). In the context of Sri Lanka, Mat’ah serves as a potential solution, offering social security for divorced wives.