The Majlis Archive

Nikah (Marriage) - Talaaq (Divorce) The Majlis Vol 26 No 07, p.4

In a divorce granted by a secular court the wife was awarded half the assets of her husband in terms of their community of property marriage.

Question

In a divorce granted by a secular court the wife was awarded half the assets of her husband in terms of their community of property marriage. What is the ruling of the Shariah?

Answer

The community of property arrangement is not valid in terms of the Shariah. The wife has no Islamic right of claiming half the assets of her husband on the basis of the haraam community of property device. Therefore, she has to compulsorily return the half to her husband. The Shar'i law has to be explained to her. If she rejects it, she loses her Imaan and becomes a kaafirah.

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Published in
The Majlis Vol 26 No 07
PDF page
4

Appears under LONG TERM LOANS AND DEBT (approximate).

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