Is the payment of Mut'ah (consolation gift) obligatory after divorce?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
The payment of Mut'ah is obligatory upon every husband for every wife who was granted the power of divorce (tafwid) and was divorced before consummation of the marriage. This obligation applies equally whether the parties involved are free persons or slaves, Muslims or non-Muslim subjects (Dhimmi), or free women or female slaves, and regardless of whether the woman is Muslim or a Dhimmi. The evidence for this universal obligation is the generality of the legal text (Nass). Furthermore, Mut'ah stands in place of half the stipulated Mahr (dower) for those for whom it was specified, thus it is incumbent upon every husband for every wife, equivalent to half the specified amount. Additionally, any compensation that is obligatory, such as Mahr, is considered equal for Muslims and non-believers, and for free individuals and slaves.
Supporting text
It is narrated that Abu Hanifa held that Mut'ah is not due to a Dhimmi woman. Al-Awza'i stated that Mut'ah is not due if the husband and wife, or one of them, is a slave.