Fatwa ID: 08786
Answered by: Maulana Sakib Shadman
Question:
Thank you for offering your help in the matter of my finances, during this difficult time.
I spoke to you about my divorce from my husband and the financial burden I may be left with as my husband is saying we should sell the house and I must give him half the proceeds of the sale, because he “put a roof over my head” and he paid the mortgage and bills.
You asked me to send you an email detailing our financial situation and you said you may write a Fatwa.
We have been married since 1990. I (wife) moved to Canada immediately after marriage.
After 3 years living with parents we rented our own apartment. During the 10 years we rented in Canada I (wife) contributed between 50-60% to the rent and groceries.
Husband had said whoever earns the most pays the rent while the other spouse pays for the groceries, telephone bill and TV licence. (All other bills were included in the rent)
I (wife) worked while we lived in Canada, (I earned more than my husband for quite a few years), and I (wife), always paid for:
x2 daughters babysitting fees, madrasah fees, school trips, school uniform, madrasah uniform, clothing, gifts.
While living in Canada, if I (wife) came to visit my family in the UK I paid for my airfare and I bought all the gifts for my husband’s family myself. My husband never gave me any spending money when I came to the UK (or ever). After our daughters were born my husband never paid for our daughters airline tickets when me and our daughters visited my family in the UK.
I (wife), also paid husband’s mum and sister for babysitting 1 daughter while in Canada (approx 1 year)
I (wife) usually paid for my husband’s family’s gifts, while we were living in Canada.
In 2003 we moved back to the UK and I (wife) bought our house in 2004.
Finances since buying the house
| Husband Paid | Wife Paid | |||
| MORTGAGE | ||||
| Mortgage Deposit (2004) | £5,000.00 | £21,000.00 | Mortgage Deposit (2004) | |
| Extra lump sum payments | £10,000.00 | paid in April 2024 | £3,000.00 | £2000 paid on 22/12/2005 and £1000 paid on 24/01/2007 |
| Mortgage payments (paid by husband since 2007) | £401.74 | Various amounts but current
monthly |
£12729.61 | Interest only mortgage payments over 2 years, from Nov 2004 to Oct 2006
(I cannot find the statement for Nov 2006 to Oct 2007) So I haven’t included that amount |
| Bills | £399.06 | monthly | ||
| Groceries (paid by wife since 2007 to May 2024) | £400.00 | average monthly costs (always more during ramadhan) | ||
| Husband’s income Apr 2024 – Mar 2025 | £28,384.19 | £6,559.67 | Wife’s income Apr 2024 – Mar 2025 | |
| Year 2024 – 2025 | Husband’s monthly income | Wife’s monthly income | |
| Apr | £1,820.28 | £411.84 | |
| May | £1,739.68 | £709.28 | |
| Jun | £1,989.75 | £674.96 | |
| Jul | £1,864.08 | £457.60 | |
| Aug | £2,742.08 | £0.00 | |
| Sep | £2,021.36 | £514.80 | |
| Oct | £1,880.83 | £594.88 | |
| Nov 1st 2024 | £2,409.45 | £0.00 | |
| Nov 29th 2024 | £2,264.47 | £583.44 | |
| Dec | £2,430.08 | £543.40 | |
| Jan | £1,889.87 | £572.00 | |
| Feb | £2,180.07 | £674.96 | |
| Mar | £3,152.19 | £822.51 | Includes Ramadan Bonus |
| TOTAL | £28,384.19 | £6,559.67 |
After we moved to the UK, any food items bought in the UK to send to Canada for my husband’s family were purchased by me (wife), as part of the groceries. When my husband’s family visited from Canada I (wife) usually bought the gifts for them or gave cash as a gift.
Any baby/childrens gifts bought for Canadian families were purchased by me (wife). Husband didn’t ask for the bill and hardly ever offered to pay me (wife) for his family’s gifts.
My husband has 3 nieces & 1 nephew in the UK, if we visit them or they visit us, I (wife) usually buy the gifts for the nephews or nieces or for their children.
All gifts bought for my family (wife), were paid for by me, including extended family, weddings etc.
Husband currently has over £45,000.00 in savings.
Husband has a 10 year full-time pension with Asda and at least a 5 year pension with NatWest Bank.
I (wife), currently have £35,000.00 – however £15,000.00 is inheritance from when my dad passed away, in 2017.
I (wife), worked for 20 years in the NHS (until March 2024), BUT I only have a 10 year pension due to working part-time to be able to do the cooking, housework, school and madrasah pick up and drop offs for the daughters.
I (wife) had to purchase my own car from my earnings, I pay my own car tax, MOT, petrol and car insurance.
Due to domestic abuse, my husband is currently not living in the family home but may be able to return in June 2025.
My husband is saying as he paid the mortgage I must sell the house and give him ½ the value of the house.
| TOTAL CONTRIBUTION MADE BY HUSBAND TO MORTGAGE, INCLUDING DEPOSIT | Approx £75,000.00 | From 2004 to present | Over
£36,729.61 |
TOTAL CONTRIBUTION MADE BY WIFE TO MORTGAGE, INCLUDING DEPOSIT
From 2004 to 2007 |
Current Bank valuation of house is: £244,449.44. I have not had the house valued, this figure is on the mortgage statement.
We still have a mortgage of approximately £30,000.00 to pay off. As you can see from my financial situation I am unable to pay him ½ the value of the house. If we sell the house and we both receive ½ the proceeds then me and my daughters will be left homeless.
Whatever amount of money is left after the sale of the house and we pay off the mortgage and lawyers fees etc, will not be enough for me to buy another house for me and my daughters to live in. The bank has stated I would not qualify to take over the existing mortgage (of £30,000.00), on the family home by myself. With this in mind, I know the bank will not give me a bigger mortgage to buy another house.
I will not be able to afford rent in Leicester – on average a 2 bedroom house in Leicester costs over £1000.00 rent + bills per month. This would mean I would have to pay almost £2000.00 per month, to rent. I would most probably not get much help from the government as our daughters are adults. Our daughters have said they want to live with me, not with their dad. My husband intends to go back to Canada with all the money and live with his mum.
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
In Islam when divorce occurs, assets are not divided in half as is the case with western legal systems. Rather each spouse shall retain ownership over their assets which are fully under their ownership (regardless of whether the spouse attained ownership over the asset before or during the marriage), and such assets will not be split. There is only one scenario in which the assets will be split. That is when the particular asset was owned in partnership. For example if a husband and wife have a 50/50 ownership upon a certain asset then that asset will be divided accordingly. Furthermore, in regards to all expenses that you incurred during marriage, you will not be reimbursed for these expenditures.
In regards to this, when you purchased your house, if you had agreement in place in which you split the ownership of the house, then the house will be divided accordingly. Also, if both your names were on the agreement when purchasing the house, you will have equal shares in the house. Thus it will be divided equally. However if the house was only in one spouse’s name and there was no agreement/understanding (either verbal/written) to co-own the house, and the other spouse financially contributed towards the mortgage of the house despite not having any share in the house, then that spouse did so voluntarily. In other words, that spouse will not have any claim towards the house during divorce because they had no share in the ownership of the house.
Thus the financial contribution towards the purchase of an asset is disregarded when dividing assets. Rather the contract in which you agree to each person having a fixed share in the ownership of the house is what is regarded when dividing the house.
Thus please inform the Darul Ifta in regards to what each person’s share is in the house, as it will be divided accordingly. All other assets shall be divided in the same manner.
Finally you mentioned that you will financially struggle if the house is split 50/50 as per the standard legal process in the UK. However Islamically your husband still has to financially provide for your daughters until they get married. Your daughters are still his financial responsibility even after divorce, thus that may remove some of your financial burden if he agrees to fulfill his responsibility.
In conclusion, again please note that all the expenses that you incurred during your marriage will not be returned to you during the divorce. You will divide assets according to respective shares in co-ownership.
References:
(قَوْلُهُ كَأُنْثَى مُطْلَقًا) أَيْ وَلَوْ لَمْ يَكُنْ بِهَا زَمَانَةٌ تَمْنَعُهَا عَنْ الْكَسْبِ فَمُجَرَّدُ الْأُنُوثَةِ عَجْزٌ إلَّا إذَا كَانَ لَهَا زَوْجٌ فَنَفَقَتُهَا عَلَيْهِ مَا دَامَتْ زَوْجَةً
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ص614 – كتاب حاشية ابن عابدين رد المحتار ط الحلبي – مطلب الصغير والمكتسب نفقة في كسبه لا على أبيه – المكتبة الشاملة
وَإِذَا بَعَثَ الزَّوْجُ إلَى أَهْلِ زَوْجَتِهِ أَشْيَاءَ عِنْدَ زِفَافِهَا مِنْهَا دِيبَاجٌ فَلَمَّا زُفَّتْ إلَيْهِ أَرَادَ أَنْ يَسْتَرِدَّ مِنْ الْمَرْأَةِ الدِّيبَاجَ لَيْسَ لَهُ ذَلِكَ إذَا بَعَثَ إلَيْهَا عَلَى جِهَةِ التَّمْلِيكِ، كَذَا فِي الْفُصُولِ الْعِمَادِيَّةِ.
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ص327 – كتاب الفتاوى العالمكيرية الفتاوى الهندية – الفصل الخامس عشر في مهر الذمي والحربي – المكتبة الشاملة
وَحَاصِلُهُ أَنَّ ذَلِكَ الْمُعَجَّلَ لَا يَلْزَمُ كَوْنُهُ هُوَ الْمَهْرَ الْمُعَجَّلَ دَائِمًا كَمَا يُوهِمُهُ كَلَامُ الْكَافِي حَتَّى يَرُدَّ أَنَّهُ مُقَابِلٌ لِنَفْسِهَا لَا بِجِهَازِهَا بَلْ فِيهِ تَفْصِيلٌ، وَهُوَ أَنَّهُ إنْ جُعِلَ مِنْ جُمْلَةِ الْمَهْرِ الْمَعْقُودِ عَلَيْهِ فَهُوَ الْمَهْرُ الْمُعَجَّلُ وَهُوَ مُقَابَلٌ بِنَفْسِ الْمَرْأَةِ وَإِلَّا فَهُوَ مُقَابَلٌ بِالْجِهَازِ عَادَةً، حَتَّى لَوْ سَكَتَ بَعْدَ الزِّفَافِ وَلَمْ يَطْلُبْ جِهَازًا عُلِمَ أَنَّهُ دَفَعَهُ تَبَرُّعًا بِلَا طَلَبِ عِوَضٍ وَهُوَ فِي غَايَةِ الْحُسْنِ، وَبِهِ يَحْصُلُ التَّوْفِيقُ، وَاَللَّهُ الْمُوَفِّقُ، وَلَكِنَّ الظَّاهِرَ جَرَيَانُ الْخِلَافِ فِي صُورَةِ مَا إذَا كَانَ مَعْقُودًا عَلَيْهِ لِأَنَّهُ وَإِنْ ذَكَرَ عَلَى أَنَّهُ مَهْرٌ، لَكِنْ مِنْ الْمَعْلُومِ عَادَةً أَنَّ كَثْرَتُهُ لِأَجْلِ كَثْرَةِ الْجِهَازِ، فَهُوَ فِي الْمَعْنَى بَدَلٌ لَهُ أَيْضًا، وَلِهَذَا كَانَ مَهْرُ مَنْ لَا جِهَازَ لَهَا أَقَلَّ مِنْ مَهْرِ ذَاتِ الْجِهَازِ وَإِنْ كَانَتْ أَجْمَلَ مِنْهَا. وَيُجَابُ بِأَنَّهُ لَمَّا صَرَّحَ بِكَوْنِهِ مَهْرًا وَهُوَ مَا يَكُونُ بَدَلَ الْبُضْعِ الَّذِي هُوَ الْمَقْصُودُ الْأَصْلِيُّ مِنْ النِّكَاحِ دُونَ الْجِهَازِ لَمْ يُعْتَبَرْ الْمَعْنَى وَسَيَأْتِي فِي بَابِ النَّفَقَةِ إنْ شَاءَ اللَّهُ تَعَالَى مَزِيدُ بَيَانٍ لِهَذِهِ الْمَسْأَلَةِ وَأَنَّ هَذَا غَيْرُ مَعْرُوفٍ فِي زَمَانِنَا، بَلْ كُلُّ أَحَدٍ يَعْلَمُ الْجِهَازَ لِلْمَرْأَةِ إذَا طَلَّقَهَا تَأْخُذُهُ كُلَّهُ، وَإِذَا مَاتَتْ يُورَثُ عَنْهَا،
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ص158 – كتاب حاشية ابن عابدين رد المحتار ط الحلبي – فرع لو زفت إليه بلا جهاز يليق به – المكتبة الشاملة
(قَوْلُهُ شَرِكَةُ مِلْكٍ) أَيْ اخْتِصَاصٍ فَالْإِضَافَةُ بِمَعْنَى الْبَاءِ كَمَا فِي الْمُغْرِبِ قُهُسْتَانِيٌّ (قَوْلُهُ: أَوْ حِفْظًا) دُخُولُهُ فِي الْمِلْكِ الْمُفَسَّرِ بِالِاخْتِصَارِ ظَاهِرٌ، وَالْمَقْصُودُ بَيَانُ اشْتِرَاكِهِمَا فِي الْحِفْظِ وَثُبُوتِ الْحَقِّ لَهُمَا الْوَاحِدُ فَقَطْ، وَلَا يَلْزَمُ مِنْ ذِكْرِ مَسْأَلَةٍ فِي بَابٍ جَرَيَانُ جَمِيعِ أَحْكَامِ الْبَابِ فِيهَا كَالدَّيْنِ الْمُشْتَرَكِ فَإِنَّهُ لَا تَجْرِي فِيهِ جَمِيعُ أَحْكَامِ الْعَيْنِ فَافْهَمْ
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ص299 – كتاب حاشية ابن عابدين رد المحتار ط الحلبي – كتاب الشركة – المكتبة الشاملة
Only Allah (عز و جل) knows best.
Written by Maulana Sakib Shadman
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
