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I got talaq from my wife. can i claim half of the house. the house we put on her name when we got Married. or can i only claim for the Renovations I did?

Answered as per Hanafi Fiqh by Askimam.org

I got talaq from my wife. can i claim half of the house. the house we put on her name when we got Married. or can i only claim for the Renovations I did?

 

Answer

 

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

 

As-salāmu alaykum wa-rahmatullāhi wa-barakātuh.

 

Your question is ambiguous and requires clarity. Are you referring to a civil marriage and divorce[1] or a marriage and divorce according to Shariah? According to Shariah, the right of divorce is vested in the husband. The wife has no right to issue a divorce. Accordingly, if you did not issue your wife a divorce, your Nikah is valid.

 

If you are a resident of South Africa, we advise you seek the counsel of your local Jamiat al-Ulama or you may clarify the above inquired issues in order for us to further advise you on your query.

 

And Allah Ta’āla Knows Best

 

AbdulMannan Nizami

 

Student Darul Iftaa
Chicago, IL, USA

 

Checked and Approved by,
Mufti Ebrahim Desai.

 

www.daruliftaa.net

 

 

 

This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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