Darul Uloom Trinidad & Tobago

Question:

As Salaamu Alaikum

When you are divorcing, can the wife take half of your possession as that’s the law in country and the wife was just a housewife when you were married.

Answer:

Bismillahi Wa Billahi At Tawfeeq

Assalamu Alaikum Wa Rahmatullahi Wa Barakatuh

The only right the wife has in a divorce settlement is the maintenance given to her by her husband until the end of her waiting period. After the waiting period, she has no right on her husband.

(Hidaya pg 423)

If divorce takes place, the divorced spouses are not entitled to the possessions of one another by virtue of their marriage.

If a divorced spouse was to take half of the possessions of the other through the courts, then this would be impermissible and sinful. As such, that wealth would not be Halal (permissible) for him/her.

And Allah Knows Best.

Mufti Waheeb Saiyed

13/03/2022