Fatwa ID: 09043
Answered by Mufti Nuski Cassim
Question:
I am a 52 year old female. I would like to seek guidance regarding my rights and entitlements following my talaaq, and whether I may pursue legal recourses:
*Background & Facts*
My husband issued my talaaq on 17 September 2025. Prior to and around the time of the divorce, he made several promises to me both verbally and in writing (WhatsApp), some of which were also confirmed in a recorded conversation with my daughter. Despite this, he has not honoured any of these commitments.
The Ulama and members of both families have been approached to mediate, but no resolution has been reached.
During the marriage, I also contributed significantly by working in his business, assisting with financial matters, and making personal financial sacrifices, including selling my jewellery. My family also contributed financially towards him, which was agreed to be repaid.
*Key Issues*
*1. Financial promises before divorce*
He promised to:
- Continue paying my medical aid and gap cover after divorce until I remarry or he passes away. He made these commitments / promises to me willingly due to personal health reasons.
- Pay me R500 per week, with an increase over time, also continuing until remarriage or his passing.
He made this commitment willingly, including after I mentioned that I would cancel it.
He paid the R500 intermittently until December 2025 whereby a reduced amount was paid from December 2025. Additionally paid medical aid until January 2026 and 50% paid in February 2026. Thereafter has since stopped all support, leaving me without income.
*2. Property (Jointly owned home)*
I own 50% of the property, which is legally registered in my name and was paid for by me. The property is currently for sale, but my ex-husband continues to live there exclusively, including with his new wife and her children.
I would like guidance on whether I may claim 50% of a market-related rental for his exclusive use of the jointly owned home.
*3. Mahr*
My mahr remains outstanding since our nikah. It is one 1-ounce Kruger coin.
*4. Late son’s vehicle*
My husband gifted my late son a Golf 7 GTI. This remained on my husbands name legally. However, he agrees this was a gift to my marhoom son. My son passed away on 23 August 2022 and had a Sharia Will at the time of his death. After my son passed away, I understand I may be entitled to a one-third share of the value of the vehicle at the time of his passing, which I have not received.
*Retirement and endowment policy*
My husband has a shariah compliant pension fund in his name. I was a listed beneficiary at the time of divorce, and I also made financial contributions towards it. During the marriage he always mentioned it’s for me and my benefit . Based on this, I would get my capital investment plus profit when the investment paid out . This is why I was also making contribution to the policy as I would get my capital plus investment back. I have proof of payments for the contributions I have made.
Prior to my talaaq, He also mentioned via WhatsApp that he would keep the policy for me. I would like clarity on whether I have any claim to these funds. One policies mature in 2026 and the other in the future.
*6. Utilities Bill*
There is a utilities bill in excess of R100K that was incurred during the marriage. This bill is invoiced in the name of my ex-husband. It’s required to be settled before the sale of the house. Can we claim that he should settle this bill alone and his share from the proceeds of the sale ? He was responsible for taking care of the family during our marriage.
*Questions*
1. Since none of his promises have been fulfilled, am I Islamically entitled to take further steps to enforce what was agreed?
2. As mediation through Ulama and family has failed, am I permitted to pursue legal action to enforce my rights and hold him accountable to the promises he made above ?
3. Am I entitled to my outstanding mahr (1-ounce Kruger coin)?
4. Do I have a valid claim for compensation (rent equivalent) for my ex-husband’s exclusive use of our jointly owned home?
5. There are assets, furniture that I purchased with my own money and that was gifted to me – who is entitled to these assets ? Also some were purchased together. Who is entitled to these assets?
6. Do I have a valid claim regarding my late son’s vehicle (one-third share)?
7. Do I have a valid claim to any portion of the funds or investments to which I contributed?
8. Am I entitled to compensation for my work in his business and financial contributions made by my family?
9. Is it permissible to use legal means to ensure he pays the utility bill alone as it was only his responsibility. This is something that will hold up the sale of the house which is what he would like as he can stay for longer.
I would sincerely appreciate clear guidance on what is permissible in Shari’ah in this situation, and whether pursuing legal enforcement is allowed under these circumstances. It should be noted that Family members and multiple Aalims were unsuccessful in getting him to comply and be held accountable.
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
Wa ‘alaykum al-salam wa rahmatullahi wa barakatuhu,
After reviewing your situation in detail, it appears that the matters raised in your query relate to financial rights, ownership, contractual undertakings, inheritance, and the removal of harm.
Rights, in general, that are established through agreement, proven ownership, or clear financial contribution must be fulfilled.[1] And where informal resolution and mediation have failed, it is permissible to pursue enforcement through legal avenues that are available to an individual.
That said, the following addresses your questions:
- Enforcement of promises
If the promises were clear, specific, and can be proven, they will be treated as binding if they constitute a clear agreement.
If you can prove that the promises were clear and amounted to a definite financial commitment (rather than a general or informal promise), they may be enforceable to that extent.
- Pursuing legal action
It is permissible to take legal action to recover your rights, provided no false or exaggerated claims are made, and it is used as a means to restore rights, if and after, informal mediation has failed.
- Outstanding mahr
Your mahr is a debt upon your former husband, and you are entitled to the 1-ounce Kruger coin in full.
- Joint property (rental claim)
As a co-owner of the property, you are entitled to your share. If he is using the property exclusively without your agreement, you may claim reasonable compensation for your share.
- Furniture and assets
What you purchased or were gifted is yours, and what your ex-husband purchased is his. Jointly purchased items, however, are divided based on contribution or agreement.
- Late son’s vehicle
If the vehicle was gifted to your son, it forms part of his estate. Thus, you are entitled to your fixed inheritance share. However, the share allotted will depend on the other heirs and is not automatically one-third.
- Pension and investments
Concerning pension and investments, you may reclaim your proven contributions.
Any further claim depends on a clear agreement. A general statement that it was “for you” is not enough to establish ownership.
- Work and family contributions
Work done without an agreed upon wage or contract is generally considered voluntary, and no payment is due.
However, any proven loans from you or your family must be repaid, and in some cases where compensation was customarily expected, a claim may be considered.
- Utility bill
If the bills are in his name and was his responsibility, then he is liable. Delaying payment to hold up the sale is not permissible.
- Legal enforcement (utility and sale)
You may use legal means to enforce payment and prevent obstruction of the sale.
Note that this matter ultimately revolves around ensuring that each party fulfills what is due, and that no person is deprived of their established rights through delay or refusal.
Only Allah ﷻ knows best.
Written by Mufti Nuski Cassim
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
References:
[1]
إِنَّ ٱللَّهَ يَأۡمُرُكُمۡ أَن تُؤَدُّواْ ٱلۡأَمَٰنَٰتِ إِلَىٰٓ أَهۡلِهَا وَإِذَا حَكَمۡتُم بَيۡنَ ٱلنَّاسِ أَن تَحۡكُمُواْ بِٱلۡعَدۡلِۚ إِنَّ ٱللَّهَ نِعِمَّا يَعِظُكُم بِهِۦٓۗ إِنَّ ٱللَّهَ كَانَ سَمِيعَۢا بَصِيرٗا
[سورة النساء، رقم الآية: ٥٨]
وَلَاتَأْكُلُوٓاأَمْوَٰلَكُمبَيْنَكُمبِٱلْبَـٰطِلِ
[سورة البقرة، رقم الآية: ١٨٨]
حَدَّثَنَا الْعَبَّاسُ بْنُ الْوَلِيدِ الدِّمَشْقِيُّ، حَدَّثَنَا وَهْبُ بْنُ سَعِيدِ بْنِ عَطِيَّةَ السُّلَمِيُّ، حَدَّثَنَا عَبْدُ الرَّحْمَنِ بْنُ زَيْدِ بْنِ أَسْلَمَ، عَنْ أَبِيهِ، عَنْ عَبْدِ اللَّهِ بْنِ عُمَرَ، قَالَ قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم “ أَعْطُوا الأَجِيرَ أَجْرَهُ قَبْلَ أَنْ يَجِفَّ عَرَقُهُ ”
[سنن ابن ماجه، رقم الحديث: ٢٤٤٣]
حَدَّثَنَا عَلِيُّ بْنُ حُجْرٍ قَالَ حَدَّثَنَا إِسْمَعِيلُ قَالَ حَدَّثَنَا أَبُو سُهَيْلٍ نَافِعُ بْنُ مَالِكِ بْنِ أَبِي عَامِرٍ عَنْ أَبِيهِ عَنْ أَبِي هُرَيْرَةَ أَنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ آيَةُ النِّفَاقِ ثَلَاثٌ إِذَا حَدَّثَ كَذَبَ وَإِذَا وَعَدَ أَخْلَفَ وَإِذَا اؤْتُمِنَ خَانَ
[سنن النسائي، رقم الحديث: ٥٠٢١]