Q. Please can you advise me on the following. A friend of mine got divorced before Ramadan. She was married for 35 years in community of property. Her husband refuses to give her a cent saying Islamically shes not entitled to anything. I know community is not shariah complaint. Half the house is in her name as well, but he says Islamically shes not entitled to even that.
Can you pleas advise if she has any rights according to shariah. She has no income and was totally dependent on her husband. Shukrn
A. The implications of the Marriage in Community of Property contract is, both spouses share each other’s possessions in equal proportion by virtue of the marriage. The community of property marriage contract is un-Islamic.
According to Shariah, spouses do not legally share in each other’s possessions by virtue of marriage.
The Ante Nuptial marriage contract without the accrual system is according to Shariah. The implications of this contract is every spouse owns his/her own possessions and they are not legally shared through marriage. Accordingly, in the case of divorce, each spouse will take whatever belonged to him/her and he/she will have no claim on the spouse’s possessions by virtue of marriage.
Hence, in the enquired case, the ex-wife will only be entitled to that which she owns and not that which her ex-husband owns even if the Marriage in Community of Property contract allows one to claim 50 % ownership.
Allah Ta’ala Knows Best
Mufti Ismaeel Bassa
This answer was collected from TheMufti.com, which is a fatwa portal managed by Mufti Ismaeel Bassa from South Africa.