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Lying to DWP and Shariah Ruling on Divorce and Property Ownership

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I have 2 questions.

1. I am asked to lie by my parents to DWP. Both are against Islam – lying and disobeying parents. What should I do?

2. I am divorced and by English Law. I own half of the property where myself and our son both stay. What is the ruling Shariah wise?

Bismillaah

A:

1. If the government is providing assistance for its citizens, then since you are divorced it is permissible for you to claim this assistance.

2. In Islam whatever is owned by the wife belongs entirely to her and whatever is owned by the husband belongs entirely to him. The COP (community of property) contract which states that after nikaah half of the husband’s wealth belongs to the wife and vice versa, opposes and contravenes the laws of Shari’ah and hence it is impermissible and haraam. 

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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