Question:
What are the legal rights of wife in terms of SA Law to property of husband from Islamic Marriage. Marriage only per Nikah, marriage not registered in terms of SA Law. In Divorce will the courts grant wife rights to property e.g. house which husband has purchased. What is the islamic right of women to husbands property in case of divorce.
Does SA Courts recognise islamic marriages and if they do, will islamic Shari’ah be used in the application of law.
Answer:
According to Islamic laws, the husband will remain the custodian of his wealth, just as it was before the marriage and the same will apply to his wife. One does not become the owner of another’s wealth merely by marrying that person.
In South Africa there is a marriage contract known as “out of community of property.” This contract is in harmony with the dictates of Shari’ah and in the occurrence of a divorce the wife will have no right over the husband’s wealth and vice versa, unless an agreement was made in that regard.
In South Africa the Islamic marriages are not recognized, therefore if the marriage is not a civil one than the laws of South African marriages will not apply to it. Therefore with regards to this you should consult a lawyer.
And Allah Ta’ala knows best
Mufti Muhammad Ashraf
Darul Iftaa
Jameah Mahmoodiyah
Springs
10 March 2005
29 Muharram 1426