Distribution of assets/property after divorce
| Fatwa #1318 | Category: Marriage & Divorce | Country: Zambia | Date: 17th December 2024 |
| Fatwa #1318 | Date: 17th December 2024 |
| Category: Marriage & Divorce | |
| Country: Zambia | |
Question
If my wife and I have a home together registered in both our names which was solely financed by myself who does the property belong to Islamically after divorce? Also we have two motor vehicles registered in my wife’s name and was registered in her name as she is a SA citizen hence it was much easier. These two vehicles were again solely financed by myself hence I would like to know again who would they belong to based on divorce on Islamic principles.
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
In principle, assets and property belong to whoever purchased them provided they did not gift it to the other spouse.[1] Accordingly, assets and property purchased by one spouse alone will belong to that spouse only even though the names on legal documents show otherwise. The other spouse cannot claim those assets/property. Should they do so, they will be sinful of theft and usurpation, both major sins.
After a divorce, assets and property remain with their original owners. Neither spouse can lay a claim on the possessions of the other.
In light of the above, if the home and motor vehicles were entirely purchased by you alone, they belong to you, even though the legal documents show otherwise. However, if they were purchased collectively, then they will belong to both spouses in proportion to the amounts contributed.
And Allah Ta’āla Knows Best
Mufti Bilal Pandor
Concurred by
Mufti Nabeel Valli
Darul Iftaa Mahmudiyyah
Lusaka, Zambia
الاختيار لتعليل المختار (2/ 4) [1]
وَحُكْمُهُ: ثُبُوتُ الْمِلْكِ لِلْمُشْتَرِي فِي الْمَبِيعِ، وَالْبَائِعِ فِي الثَّمَنِ إِذَا كَانَ بَاتًّا، وَعِنْدَ الْإِجَازَةِ إِذَا كَانَ مَوْقُوفًا
بدائع الصنائع في ترتيب الشرائع (5/ 233)
(أما) الأول: فهو ثبوت الملك للمشتري في المبيع، وللبائع في الثمن للحال فلا بد من معرفة المبيع والثمن لمعرفة حكم البيع،