Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

dear brother/sister, aselem alekom

maybe this is question that has been ask before but i`am new at this, my husband has decided to devorce me for a reason that i still do not know because he say that i`am to blame for something that i was not even married to him by that time, but Allah knows best and I put all my trouble and distress in his hands, this pain that i`am feeling now i know that Allah will reward me with happiness afterwards at his due time, but coming to my question is, that we have a house and now he wants for me to sell this house so he can get some money to leave me. as could understand that in islam when the men wants to devorce his wife he should leave and let her be with all that she has also the house that she lives in, or do i have to sell this house and give him his share as he states, thank you in advance for your reply 

 

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Answer:

 

Divorce return gift

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 229:

229    A divorce is only permissible twice: after that the parties should either hold together on equitable terms or separate with kindness.  It is not lawful for you (men) to take back any of your gifts (from your wives) except when both parties fear that they would be unable to keep the limits ordained by Allah.  If ye (judges) do indeed fear that they would be unable to keep the limits ordained by Allah there is no blame on either of them if she (the wife) give something (to her husband) for her freedom. These are the limits ordained by Allah; so do not transgress them.  If any do transgress the limits ordained by Allah such persons are the wrongdoers.

 

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verses 20-21:

20      But if ye (husbands) decide to take one wife in place of another (by divorcing one wife), even if ye had given the latter a whole treasure for dower take not the least bit of it back: would ye take it by slander and a manifest wrong?

21      And how could ye take it when ye have gone in unto each other and they have taken from you a solemn covenant?

 

Beloved Sister in Islam, Shariah Law dictates that if the husband initiates the divorce in a marriage, it is neither lawful nor permissible for him to take anything he has given to his wife during the marriage, even if it were a multitude of treasure…..for the husband to initiate a divorce and demand that his wife return anything which he might have given to her as a gift during their marriage is absolutely unlawful and manifest injustice and oppression in the Sight of Allah Subhanah.

 

But if the wife were to initiate a divorce proceedings against her husband in the marriage, there is allowance in Shariah that the wife pay back the ‘mehr’ she received from her husband at the time of their ‘nikaah’…..unless of course, the husband, of his own will and generosity, wishes to forgive that amount unto his wife.

 

Your Question: ….that we have a house and now he wants for me to sell this house so he can get some money to leave me.

as could understand that in islam when the men wants to devorce his wife he should leave and let her be with all that she has also the house that she lives in, or do i have to sell this house and give him his share as he states, thank you in advance for your reply 

Respected sister, like we explained above, if the husband is the one who initiates the divorce, he has absolutely no legal or moral right to demand that his wife return any gift he might have given to her during their marriage.

 

Regarding the house in question, it all depends who is the legal owner of the house….if the house is owned by the husband, then obviously it belongs to him and just because you as his wife stayed in the house with him during the marriage, does not make you the legal or moral owner of the property of your husband.

 

But if at any time of the marriage, your husband had gifted the house to you….then obviously the house belongs to you and the husband has no moral right to demand that you return his gifts back to him at the time of divorce.

 

If you and your husband were joint legal owners of the house, then indeed the husband has the right to demand that the house be sold and his share of the half be returned to him…..thus it all depends on who amongst the two of you is the legal owner of the property. 

 

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone.  Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

Burhan