Bahraini law protects women’s rights both during marriage and after divorce. Maintenance is among the main financial rights granted to women under Bahraini law, including Mut’ah compensation following divorce.
Divorce Mut’ah Compensation in Bahrain Under Family Law
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Bahraini law grants a divorced woman the right to receive Divorce Mut’ah Compensation in Bahrain in accordance with Bahrain Family Law No. 19 of 2017. Article 92 provides, under Sunni jurisprudence, that if divorce takes place before consummation of the marriage, the divorced woman is entitled to half of the agreed dowry. If no dowry was specified, she may receive Mut’ah compensation assessed at half the customary dowry of women of a similar status.
If divorce takes place after consummation, the divorced woman may be entitled to Mut’ah compensation when the divorce occurred for reasons not attributable to her. The amount is assessed based on maintenance for a full year, taking into account the duration of the marriage, the circumstances of the divorce, and the financial means of the former husband.
Under Ja’fari jurisprudence, a woman divorced before consummation is entitled to half of the specified dowry. If no dowry was specified, she may be entitled to Mut’ah compensation according to the financial means of the former husband.
Below is a sample defense memorandum that may be submitted by a husband in a Mut’ah compensation claim in Bahrain:
To the Honourable Family Court in __________
Defense memorandum submitted by Mr. __________ in the case filed against him by Ms. __________, represented by Attorney __________.
My client, the defendant in this case, married Ms. __________ under a valid Sharia marriage contract. After three years of marriage, the parties divorced following marital disputes arising from the wife’s refusal to move to the marital home without a lawful justification.
The claimant is nevertheless seeking Mut’ah compensation from my client, despite the fact that her conduct contributed to the breakdown of the marital relationship. This resulted in the husband filing a divorce claim based on harm and marital discord. The Family Court subsequently issued a divorce judgment after the grounds of harm and discord were established.
Article 54 of the Bahrain Family Law provides that a wife may lose her right to maintenance if she refuses to move to the marital home without a lawful excuse, once this has been established before the court. Accordingly, we respectfully request that the Honourable Court:
- Dismiss and reject the Mut’ah compensation claim.
- Order the claimant to bear all legal fees and court costs arising from the case.
Attorney for the Defendant: __________
Signature: __________
Below, we answer some of the most common questions we receive about this topic.
When Is a Divorced Woman Entitled to Mut’ah Compensation?
A divorced woman may be entitled to Divorce Mut’ah Compensation in Bahrain if the divorce takes place before consummation and she has not received half of her dowry. If the divorce occurs after consummation, she may be entitled to Mut’ah compensation provided she was not the cause of the divorce.
Is a Wife Entitled to Mut’ah Compensation If She Requests Divorce?
Yes. If the wife requests divorce, she may still be entitled to Mut’ah compensation if she was not the cause of the divorce. If she is found to be nashiz, her maintenance may be forfeited. Her entitlement may also be affected if she is found to have caused the harm or marital discord that led to the divorce.
How Much Is Mut’ah Compensation After Divorce?
Mut’ah compensation after divorce is assessed according to the financial means of the divorced husband, the circumstances of the divorce, and the duration of the marriage. The final amount is determined by the judge hearing the wife’s claim for Mut’ah compensation.
This concludes our article on Divorce Mut’ah Compensation in Bahrain, where we explained when a divorced woman may become entitled to Mut’ah compensation. We also presented a sample defense memorandum that may be submitted by a husband before the Family Court in a Mut’ah compensation claim.
You may also want to learn more about wife maintenance rules under Bahraini law, whether it is possible to file a maintenance claim without divorce in Bahrain, and whether a working wife is entitled to maintenance from her husband in Bahrain. You may also wish to review a suitable form for appealing a wife maintenance judgment in Bahrain or consult a maintenance lawyer in Bahrain.