Divorce represents a fundamental shift in a woman’s life. For this reason, when the Qatari legislator enacted Law No. 22 of 2006 Promulgating the Family Law (“Family Law”), it ensured that separation would not mark the beginning of a loss of rights or a disruption of stability for women. Instead, the Family Law provides a clear framework that guarantees protection for women following divorce.
The first protection mandated by the legislator is the right of a divorced woman to maintenance during her waiting period (ʿidda). Pursuant to Article 114 of the Family Law, the court determines the divorced woman’s maintenance during ʿidda upon the request of an interested party at the time of divorce, in addition to children’s maintenance and the regulation of custody and visitation. Article 114 further subjects these decisions to immediate enforceability, preventing any financial gap that may threaten the family’s stability.
The law does not stop at maintenance. It also grants the divorced woman the right to mutaʿa compensation if the divorce occurs by the husband without fault on her part, in accordance with Article 115 of the Family Law. This article characterizes mutaʿa as fair compensation for the moral harm the wife may suffer due to separation, and empowers the court to determine its amount up to a maximum of three years’ maintenance, taking into account the husband’s financial circumstances. This reflects the legislator’s intent to remedy the harm caused to the woman and mitigate the consequences of divorce.
To ensure housing stability, the Family Law requires a divorced woman to spend her ʿidda in the marital home as the natural and most stable place for her during this period. Article 159 aims to protect the woman from sudden displacement and preserve her privacy throughout ʿidda.
After the waiting period ends, housing protection becomes governed by the rules of custody. Article 166(1)confirms that the mother has priority in the custody of her children upon separation—even if the separation is not through formal divorce—unless the child’s best interests require otherwise. This demonstrates that the best interests of the child take precedence over any other consideration in custody decisions.
Pursuant to Article 181, if the custodial mother or the child does not have independent housing, the child’s guardian is obliged to provide suitable accommodation or pay rent for such accommodation. This obligation may even extend to allocating state-providedhousing through usufruct division when necessary, ensuring stability for the children.
Custody is one of the most important rights regulated by the Family Law after divorce. Article 165 defines custody as the preservation, upbringing, discipline, and care of the child in a manner that serves the child’s best interests. This definition makes the welfare of the child the central criterion upon which all custody decisions are based. Accordingly, the mother is granted priority in custody so long as she remains qualified, due to her emotional and psychological closeness to her children—ensuring a stable environment for them after the parents’ separation.
Because custody is a daily responsibility requiring continuous effort and care, Article 178 entitles the custodial mother to a separate “custody wage” in addition to children’s maintenance. This payment begins from the dissolution of the marriage until the child reaches the age at which female custody ends, and is assessed with regard to the guardian’s financial means and the mother’s effort in providing care.
Based on the foregoing, the custodial mother is entitled to claim all expenses relating to the children, as she is responsible for their daily needs and care. The Family Law obliges the father to maintain his minor children even when custody is awarded to the mother, and this obligation is not affected by divorce. Maintenance includes food, clothing, medical care, housing, education, and all other needs according to custom. Assigning custody to the mother entitles her to claim the children’s maintenance from the date of filing the action, ensuring continuity of support and preventing deprivation during litigation.
With respect to the wife’s financial rights, Article 39 of the Family Law provides that the deferred dowry (muʾajjal al-mahr) constitutes a fixed debt on the husband’s liability, and becomes payable to the wife upon final separation—i.e., upon a divorce that legally dissolves the marital bond. At that moment, the deferred dowry becomes a due and payable debt.
This legal framework reflects a clear vision for the post-divorce phase—one that balances justice with family stability and protects women and their children from the financial or social consequences that may follow separation. Divorce does not extinguish a woman’s rights; instead, her rights transition into a new legal regime designed to ensure continued protection and preserve her dignity throughout this stage.