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How much ownership do I have over my house after a divorce?

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?


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.


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

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