Question
My ex-wife and I own the marital house jointly. She had abandoned the marital home. After some months I gave her Talaaq. I continued living in the house. Now after two years she is demanding rental for her portion of the house which I had occupied. What is the Shariah's ruling?
Answer
She has no claim for past rent since there was no rental agreement. An agreement has to be made. You will then be liable for rent from the time the agreement is made. After you divorced her, you had occupied her portion of the house unjustly. Your occupation is tantamount to usurpation. You should make a compromise settlement and pay her a sum for your wrongful occupation although according to the Shariah she has no legal right to claim monetary compensation for your occupation.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 18 No 12
- PDF page
- 3
Appears under Questions and Answers (approximate).