An In-Depth Look at Nafkah Iddah, and Mutaah: Seek Help from an Experienced Syariah Lawyer in Singapore

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Divorce is never easy. It can be extremely difficult not only for the individuals involved but for the whole family. The ensuing legal proceedings can also make this process even more challenging and exhausting, emphasizing the importance of finding the right Syariah lawyer in Singapore to represent your interests. When it comes to Muslim divorce proceedings, there are two recurring issues that come up in the court hearing: nafkah iddah and mutaah. The Syariah court relies on these financial provisions instead of the usual ‘maintenance order’ for wives. But what do nafkah iddah and mutaah actually mean, and how can they impact you? This article will explore all these questions and guide you on what you need to know when choosing the ideal Muslim law firm in Singapore for you.

Understanding Nafkah Iddah and Mutaah: Exploring the Differences 

According to the Muslim law in Singapore, there is a waiting period a woman needs to observe following the dissolution of her marriage. This is termed iddah, and this time period is essential for a number of reasons, including ensuring there is no pregnancy and allowing some time for grieving. The financial support provided by the husband during this period is referred to as nafkah iddah, and it is an obligation that must be met by law. During this period of iddah, Muslim women are not permitted to remarry, and this typically lasts for about three months. However, if the lady is pregnant, iddah may last until she gives birth. Furthermore, iddah offers a chance for reconciliation should they wish to, as divorces are allowed to be revoked during this stage.

Nafkah iddah is provided to help support the wife’s maintenance as well as to cover basic necessities like clothing and accommodation during iddah. As per the Muslim law in Singapore, nafkah iddah might not be payable if certain requirements have not been adhered to. For instance, if the court finds that the wife has not been obedient to her husband (nusyuz), such as in the case of non-compliance, she will not receive this payment. Moreover, if an irrevocable divorce (talak tiga) has been pronounced by the husband or if it has resulted through a khuluk (divorce initiated by the wife), which is defined as a divorce by redemption, nafkah iddah will not be payable under these circumstances.

Conversely, mutaah is a payment made by the husband as a symbol of kindness and humility to ease the wife’s sense of loss and humiliation experienced due to the divorce. This consolatory gift is also considered a form of compensation for the duties and services carried out by the wife during their marriage. Unlike nafkah iddah, there are no specific circumstances in the divorce that can absolve the payment of mutaah. However, there could be some exceptions to this rule, as suggested by both the Syariah court and the Appeal board, which state that mutaah may not be payable in cases of fasakh. According to Islamic law, fasakh is a dissolution of a marriage that the court grants upon the wife’s application. Having said this, mutaah may still be needed to be paid on the grounds of ihsan, a comprehensive concept of Islam that refers to one’s act of doing things in a tasteful and good manner.

Obtaining Nafkah Iddah and Mutaah: Determining the Amount Paid

There is no specified amount for both nafkah iddah and mutaah. Therefore, when accounting for nafkah iddah, the Syariah court considers both the husband’s income and the wife’s financial means. In terms of the husband’s income, the court will assess all his assets, including his properties, bonds, stocks, vehicles, savings, and any other investment, to determine the amount payable. In addition, other liabilities such as debts and other expenses like medical treatments and many other factors will be taken into account during this assessment. This is done to achieve a balance between the husband’s financial capabilities and the wife’s necessities. As per the Muslim law in Singapore, the amount specified should be affordable for the husband and fair to the wife.

During most Muslim divorce proceedings, the wife usually suggests an amount, and both parties are allowed to discuss and agree on the terms and amount payable. When it comes to mutaah, the overall amount payable is calculated by the number of days the marriage lasted. So, the longer the marriage, the higher the amount the wife is entitled to. As with nafkah iddah, the Syariah court will consider the husband’s earnings, his liabilities, and various other factors like the employment status of both the husband and wife, non-monetary contributions, Central Provident Fund (CPF) savings, and so forth. In addition, the standard of their living before the dissolution of marriage will also play a role in determining the amount of nafkah iddah and mutaah.

While the assessed factors for both nafkah iddah and mutaah may seem similar, the amount payable for both is never the same and will ultimately depend on the decision given by the court. At present, the lowest rate for nafkah iddah in Singapore is between $200 and $300 per iddah month, with the total amount ranging between $600 and $900. Those with a monthly income of $3,000 to $5,000 may be required to provide a sum of nafkah iddah that ranges between $300 and $500 per month of Iddah.

As for mutaah, the lowest amount is between $2.50 and $3.50 for each day the marriage lasted. A man that has a monthly earning of $3,000 to $5,000 may be required to pay the mutaah at a rate of $4 to $6 for each day of the marriage. However, it must be noted that these amounts may vary as the decision will depend on the evidence presented and the nature of the case. In the event of payment failure or refusal, the wife may apply for the nafkah iddah or mutaah orders to be enforced at the Family Justice Courts (FJC).

A. Rohim Noor Lila LLP: The Best Muslim Law Firm in Singapore

There are so many complicated aspects that need to be considered while going through a divorce. From applying for a divorce to undergoing counseling, mediation, and trials to enforcing maintenance orders, the process can be quite overwhelming. Therefore, it is imperative that you have a highly experienced Syariah lawyer in Singapore who understands your circumstances and requirements to represent you in ensuring the best legal solutions are offered to you.

Established in 1995 by highly reputed and award-winning Muslim lawyers in Singapore, Abdul Rohim Bin Sarip and Noor Lila Binte Abdul Hamid, A. Rohim Noor Lila LLP has succeeded in becoming a prominent law firm in the country today. With a team of expert Singapore family lawyers committed to providing affordable and practical solutions for all your legal concerns, you can rely on us to handle your case with the highest level of professionalism and discretion. For more information on our legal services and other queries, reach out to our friendly team today.

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