Fatwa ID: 02679

Answered by: Moulana Muddasser Dhedhy​

Question:

Assalamualaikum

When a divorce is in processed according to the English law, what is the sharia ruling of the matrimonial Home?

If the house was bought by the wife and the mortgage is also in her name and she also provided for herself and children.

The husband paid the utility bills and mortgage.

Is the house Islamically hers or will she need to give that up?

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

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

Answer:

Firstly, a civil divorce does not constitute a Shar’i talaaq.^[1]

If the house was bought by the wife, she will only be entitled to it after a Shar’i divorce has taken place.

As for the utility bills paid for by the husband, as he is required to give her nafaqah (expenses compulsory upon the husband to support his wife), these bills will be considered to be part of the nafaqah.^[2]

As for the mortgage payments he has made, these payments will be considered to be a hibah (gift) from him to his wife and therefore, he will not be able to claim them back from his wife.^[3]

Only Allah knows best

Written by Moulana Muddasser Dhedhy

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham