Answer: No, she cannot.
According to Article 140 of Federal Law No. 28 of 2005 on Personal Status (note: repealed as of 15 April 2025; replaced by Federal Decree-Law No. 41 of 2024), a wife is entitled to mut‘ah (compensation upon divorce, in addition to ‘iddah) only if:
- the divorce was initiated by the husband of his own unilateral will,
- and without a request from the wife.
Accordingly, a wife is not entitled to mut‘ah if:
- she herself requested the divorce (khul‘, reconciliation/settlement),
- or the marriage was dissolved by the court due to her fault (e.g., abusive behavior, violence).
This is also confirmed by Article 117 of Federal Law No. 28 of 2005, which allows either spouse to request divorce on the grounds of harm and discord. However, if it is proven that the wife herself caused the harm, her conduct deprives her of the right to compensation.
This principle was applied in Personal Status Appeal No. 1282 of 2024:
- the court established that the wife assaulted her husband, and therefore the court of first instance dissolved the marriage “on the grou...