Fatwa ID: 06689

Answered by: Alimah Zakiratul Hoque

Question:

The law of land states in the case of a divorce the woman gets 50 per cent of the husband’s property even though she hasn’t paid a penny towards it. Is this permissible? Been thinking of it from different angles. Any input will be appreciated.

In the name of Allah, the Most Gracious, the Most Merciful

Answer:

After divorce, women are entitled to Nafaqah (basic expenses) and housing during the Iddah period (Fatawa Qazi Khan, Vol 1, Pg 380). It is not permissible for a woman to take anything beyond these expenses.

After the Iddah period, women do not have a right to their (ex)husband’s wealth. If he agrees with giving her 50%, then he may do so as an act of kindness and charity. She should not force him to give her 50% through the courts.

المعتدة عن الطلاق تستحق النفقة و السكني كان الطلاق رجعيا أو بائنا أو ثلاثا حاملا كانت المرأة أو لم تكن

Only Allah knows best.

Written by Alimah Zakiratul Hoque

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham