Quran II. 241, which refers to mataaun bil maaruf ("reasonable provision") for divorcees, has been interpreted differently by the followers of Imam Abu Hanifa and Imam Shafei. Imam Abu Hanifa seems to consider this provision as creating only a moral obligation, whereas Imam Shafei held it to be wajib i.e. a legally enforceable right. Under the influence of the late Maulana
Ashraf Ali Thanvi a consensus was reached in 1939 that in a Hanafi case, where appropriate, a court may apply a Maliki, Shafe'ite or Hanbali ruling, if considered more equitable in the circumstances of the case (Gazette of India 1936 Part V p. 154). The view of Imam Shafei as recorded in the well-known commentary on the Holy Quran, Tafseer Ibn Katheeri, is annexed to this article. In these circumstances, even in the strict view of the conservative Ulema, the Supreme Court of India was within its rights in holding mata to be obligatory and the criticism of the court by the Ulema on this ground was misconceived.
It is notable that in Egypt, which is perhaps the leading country governed by the Hanafi doctrine, the law provides that:
"A wife who after consummation of her valid marriage is divorced by the husband without her consent and without any fault on her part, shall be entitled, in addition to maintenance of iddat, to mata equivalent to at least two years' maintenance, subject to consideration for the financial status of the husband, the circumstances of the divorce and the duration of the marriage between the parties. The husband shall be entitled to pay such mata by installments". (Article 18A, Egyptian Law on Personal Status, 1929 as amended by Law 100 of 1985) this law has been approved by the Grand Shaikh of Al Azhar and has withstood challenge in the Supreme Constitutional Court of Egypt.
Regarding mataaun bil maaruf three questions arise: -
1. Is this amount wajib (i.e. exigeable and executable by court order) or is it a moral obligation only?
2. If made wajib by positive State legislation, would such legislation violate Islamic doctrine?
3. Is there inherent in this concept of mata any limitation that it must be reckoned as provision for not more than three months maintenance? This is negatived by the Egyptian law, which provides a minimum of two year's maintenance for mata.
Many Ulema hold that although provision for the divorced wife under Quran 2.241 is not ipso facto compulsory, such provision if provided for by positive law is not inconsistent with and indeed advances Islamic norms and values, upholding justice for the weak. (Source: The Nation and the World, 16 June, 1999)
