Nafkah Iddah and Mutaah

There are two recurring issues in divorce proceedings in Syariah Court, which the court must determine. These are:

1. The wife’s right to (or the husband’s obligation to pay) nafkah iddah;
2. The wife’s right to (or the husband’s responsibility to pay) mutaah.

Simply put, nafkah iddah and mutaah are payments that the Syariah Court can order in divorce proceedings. This authority comes from sections 35(2) and 52(3) of the Administration of Muslim Law Act (Chapter 3).

Nafkah iddah

A husband must provide maintenance to his wife for three consecutive months after divorcing her. This maintenance is called nafkah iddah. During these three months called the iddah or waiting period, the wife must observe certain restrictions. Under Muslim law, she cannot remarry during this period. Also, during this period, the husband and the wife may opt to reconcile without needing to undergo a marriage solemnisation (nikah). Nafkah iddah is payable in most cases of divorce. Only in three situations is it not payable:

• When the court finds that the wife has been disobedient to the husband (nusyuz);
• When the husband pronounces the irrevocable divorce (talak tiga or talak ba’in kubra);
• When the talak is declared by the hakam (talak wajib), or by talak tafweed, or by way of khuluk.

Nafkah iddah differs from a wife’s entitlement to maintenance or nafkah during the subsistence of her marriage, i.e., before the divorce. Under Muslim law, one of the fundamental obligations of a Muslim man towards his wife is her right to receive maintenance from him.

If a wife hasn't received any maintenance by her husband or if the received maintenance is not enough, she may appeal to the Family Court for a maintenance order. You need to note that the Syariah Court does not make maintenance orders.

Moreover, a husband must provide his children with regular and sufficient maintenance. This obligation is different, and it comes under the purview of the Family Court as well.

Mutaah is a consolatory gift from a husband to his divorced wife. Mutaah is primarily intended to mitigate the sense of shame or loss the wife suffered or experienced as a result of the divorce. Moreover, mutaah serves as compensation or reward for the wife's efforts and services towards the husband and the family throughout the marriage. The total amount of mutaah the wife has the right to depends on the number of days the marriage lasted. Therefore, the longer the marriage, the higher the amount of mutaah the husband must pay.

Unlike nafkah, mutaah is payable in all circumstances of divorce. Still, the Syariah Court and the Appeal Board have recommended that a husband may not pay mutaah in cases of fasakh under section 49 of AMLA. However, our understanding is that in some instances of fasakh, mutaah may still be ordered to be paid on compassionate grounds or the basis of ihsan.

Also, mutaah is not to be confused with maintenance, as maintenance is a husband's obligation to support his wife during the marriage or to his children.

To determine the amounts of nafkah iddah and mutaah, the court will assess the husband’s means.

“Means” has a broader meaning, and does not just refer to his income or salary. It also refers to the husband’s assets of any kind. As such, means may include CPF monies, cars, bonds, stocks, property, investments, savings, as well as the husband’s financial obligations, liabilities, and limitations. This may also include debts, any illness which adversely affects the husband’s earning capacity, any disease resulting in expenses for medical care or treatment on a long term basis, his age, qualifications, his generally employability, etc.

Some other factors determine the amounts of nafkah iddah and mutaah. These include the standard of living enjoyed by the husband and the wife prior to the divorce, the wife's needs, and her contribution during the marriage.

How to pay nafkah iddah and mutaah?

When the court orders for nafkah iddah and mutaah, the husband may pay it in different ways. Thus, nafkah iddah and mutaah may be paid:

• In cash: as one lump sum or in monthly instalments;
• From the share of the proceeds of the marital home's sale that belongs to the husband;
• By transferring the husband’s CPF monies to the wife's CPF account.

The amounts of nafkah iddah and mutaah ultimately depend on the court’s assessment. When determining the amount of nafkah iddah and mutaah, the court first assesses the husband’s means and then a whole host of other factors. Therefore, no matter how similar some cases may be to each other, it is hard to say the "usual" amount that the court grants as it may result in different amounts of nafkah iddah and mutaah being ordered.

Still, there are some current rates of nafkah iddah and mutaah

Nafkah iddah:

• The lowest rate is between $200.00 and $300.00 per month of iddah or between $600.00 and $900.00 in total.
• For the income bracket of $3,000.00 to $5,000.00 per month, the rate ranges from $300.00 to $500.00 per month or between $900.00 and $1,500.00 in total.

Mutaah:

• The lowest rate ranges from $2.50 to $3.50 per day of marriage.
• For the income bracket of $3,000.00 and $5,000.00 per month, the rate ranges from $4.00 to $6.00 per day of marriage.

As mentioned earlier, the exact amounts of nafkah iddah and mutaah depend very much on the facts of each case. Therefore, parties are required to present all relevant evidence in court. The determination of these amounts is an exercise of the court’s discretion, which may not be very quickly challenged or reversed in the case of an appeal.

The wife has the right to seek the enforcement of the orders in Family Court if a husband:

1. Fails;
2. Refuses; or
3. Neglects to pay.

In other words, the husband must respect the payment orders for the nafkah iddah and/or mutaah in the amounts or in the manner ordered by the court.