Fatawa Answer

Question: Divorce settlement

ID: 1827

Name: Dealings and Transactions

Question

 Asslam alaikum,

My questions is in regards to distribution of wealth during a divorce. I’m asking this questions on behalf of a sister who is joint owner with her husband on their primary residence as well as a company that owns several rental properties. During the duration of the marriage the sister was involved full time in managing a separate business.  She never took a wage or an allowance for her work. She just did it considering it a family affair. They don’t have any kids and she is now seeking the divorce for personal reasons. 
Your guidance is highly appreciated. 

JazakAllah khair

 

 

Answer

بسم اللہ الرحمٰن الرحیم

الجواب ومنہ الصواب

Distribution of wealth is related to inheritance and inheritance is linked to the person’s death.  But during a person’s lifetime, whatever property is owned by whoever, belongs to that individual.  He or she is free to dispose of it as desired, whether they keep it for themselves or sell their share of property to get money.

If divorce occurs between a husband and wife and her waiting period “Iddah” has completed, the husband and wife become total strangers to each other.  So, just as strangers can participate in mutual trade, etc., their participation and business involvement can also continue to exist.  But if both want to separate their shares, they are allowed to do so according to Shariah rules.

a. Whether one party buys the shares of the other party and becomes the sole owner.

b. Or decide to sell their shares to a third party and end their joint ownership. 

Divorce does not affect the status of ownership. (Per Darul Ifta Darul Uloom Deoband).

فقط واللہ اعلم بالصواب

Answered On: Wednesday, Nov 08, 2023 | N/A

Answered By: Mufti Mohammed Ataur Rahman Sajid

Checked By: Mufti Mohammed Navalur Rahman