Ownership of assets acquired during marriage

Question

As-salamu alaykum Respected Mufti,   What is a woman’s entitlement upon separation or death of her husband of assets acquired during a Muslim marriage? Is she entitled to half of the assets during this marriage?   Shukran

السلام عليكم ورحمة الله وبركاته

 

  1. When a couple is married by Muslim rites only, at the termination of the marriage or on the death of either of them, both parties are entitled to keep as his or her own that portion which he or she had gathered during the subsistence of the marriage.
  2. A Muslim marriage does not create a community of property. She shall have what she earned, and he shall have what he earned. As for those things that people have given to them as gifts for both of them, those items will be jointly owned by them.
  3. If the husband had bought the dwelling in which they lived, he will be its owner, and if the wife had been the one who supplied the kitchen utensils, she will be the owner of those. Unless there was a different agreement.
  4. Hence, it is of the utmost importance that when anything is acquired, it should be definitely stipulated who the owner is, so as to leave no doubt about its ownership.
  5. Where the parties are married under community of property, it is assumed that everything owned by one is half-owned by the other, this is not a valid system in Shariah. However, it is possible that both parties may decide that a particular article is jointly owned between them, in which case that should be honored.

والله تعالى أعلم

And Allāh knows best

 

(Issued April 2013)

MJC (SA)

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