Compensation for the divorced woman retroactively between Ibn Hajar Al-Haytami and Al-Shams Al-Ramli (Comparative jurisprudence study)

Abstract

Ibn Hajar Al-Haytami and Al-Shams Al-Ramli differed when explaining the issue of “Compensation for the divorced woman retroactively” as part of the dowry, In their two books, Tuhfat al-Muhtaaj fi Sharh al-Minhaj, and Nihayat al-Muhtaaj fi Sharh al-Minhaj, both of which are the fatwas of the Shafi’i school of thought, Ibn Hajar Al-Haytami stated that if the wife is revocably divorced and her waiting period has expired in the life of the husband. She must be compensated for the divorce, unlike Al-Shams Al-Ramli who said that the divorce must be compensated for her even if he returns to her before the expiry of her waiting period. Where Ibn Hajar Al-Haytami relied on the opinion of the faces of the companions, and Al-Shams Al-Ramli relied on the opinion of his father, Al-Shihab Al-Ramli. The opinion of Ibn Hajar al-Haytami is more likely because the three schools of thought agree with him.. Divorce compensation is for the retroactive divorced woman after the expiry of her waiting period, because married life ends with her.