Just to make sure, a woman in Islam gets to keep her property after her divorce right?
How does this work for an ahl-e-kitaab wife?
Re: Property after Divorce
Wife is entitled to her property. Why would she have to give it up or share it in case of a divorce? I'm assuming the same would apply to an ahle-kitaab wife.
Re: Property after Divorce
things that belong to the husband belong to him and things that belong to the wife belong to her....
divorce or no divorce that is the way it is....
and although a wife is entitled to spend from the husband's wealth (or property), the husband has no right over his wife's money or property except what he gets as inheritence after her death....
Re: Property after Divorce
forgot to add: the same goes for ahl-e-kitaab or any other wife that the man has, unless the law of the state in which they reside (assuming its a non-Islamic state) has other laws to interfere....
Re: Property after Divorce
Well, I know whatever each enters into the marriage with is theirs and is taken back with them after the divorce...but what about joint stuff - like house, and gardens, or crops, or dishes, or household valuables, or stuff like that?
For example...
Husband gives wife gold jewelry - she keeps that right, since its a gift to her?
House - husband bought it.
House - both husband and wife bought it with the money they've each earned (and lets not start a debate on whether she should work or not).
and so on and so forth - each as bought by the husband's money, or bought by combining husband and wife's money.
Re: Property after Divorce
bump.
Re: Property after Divorce
what about multiple wives.. how's that handled?
Re: Property after Divorce
So basically women get screwed because their earning potential in islamic countries is pitiful to say the least. daal mein kuch kaala hai… 
Re: Property after Divorce
Well that's what I'm wondering P-diddy. A common case (note, this is not a categorical statement, for those logically-challenged), is that of a divorced woman, and she doesn't have any other family to rely on.
Yes, she does keep her own property that she recieved from inheritance and earnings. If she's poor and is not educated, she can't rely much on that anyway. If she was living on her husband's financial earnings, then will she get any of the property they mutually shared? Or does she have to just rely on the Maher that was contracted at the beginning?
I would like to know, because then this way, ladies who are planning on not getting a job or any education etc, should be beware, because in case of a divorce, they might not be left with much of anything. Either they make sure the Maher is a substantial amount, or they try their best to get educated and a job, so that if a divorce were to happen, they wouldn't be out on the street...
Re: Property after Divorce
When I say property, I don't just mean land, btw.
And how are gift items distributed among the husband and wife after divorce? Many married couples these days - a lot of the household appliances and items are gifts.
Re: Property after Divorce
as long as the things were owned by mutual understanding, the things shud be divided by mutual understanding....
i dont think Islamic law or any other law can deal with gifts....
Islam encourages to have all financial transactions written down, so if the property is shared, they shud have documents to prove that....
otherwise in whosoever's name it is, he/she can eat up the other's part and the ex-spouse can do nothing about it, legally....
also, her being not educated and poor has nothing to do with the division....
the rules shall remain same....
Re: Property after Divorce
We should first learn what are our responsibilities, obligations and duties in the relation of marriage rather than trying to find out who will get “what” after divorce…
We don’t have any knowledge of what are the rihts of a spouse, what are the rights of kids what are thr ights of parents, but we do wanna know what would we get after divorce…
It is better to use up the mind in something that is constructive… and be beneficial to us… And PCG you always come up with “wierd” topics… so to say … 
Re: Property after Divorce
this is not an issue of whether transactions are written down or not. It is an issue of equitable disbursements of assets created under a mariiage partnership. Housewives for example, do not have the means to earn and create assets on htier own but their husbands wouldn’t have been able to create the assets if they also had to take care fo the kids and and run the house for example. SO to simpley suggest, “to you;yours and to me; mine” is silly. Women will always be disadvantaged under this paradigm.
SO there are two things that can be done. Either the wives work as well and create their own assets or she has equal rights to the assets created under a marriage.
Once again man’s law trumps Allah’s laws when dealing with reality.
Re: Property after Divorce
It would appear so, if you were looking at it aimed with only a minimal knowledge of islam, as seems to be the case with you.
Under shariah law, as espoused by the Qur’an and Hadith,
- the provision for maintenance of a married woman is solely the responsibility of the husband. The husband has to pay a dowry (the amount set by the wife) and can’t take it back even upon divorce. (women win)
- A woman has no financial obligation, and anything she earns or inherits is her property. She is under no obligation to spend even a cent from that in the marriage. (women win)
- Upon divorce, husband has to pay for maintenance of during the three months of 'iddah. (women win)
- The responsibility of maintenance of children upon divorce is on the man. (women win)
The inheritance laws are favorable towards men because they have a bigger financial reposnsibility than women.
Men are obligated to spend out of inheritance to take care of their wife and children, but their wives are not. It’s simple math.
And who says women are not allowed to work, as long as they follow the proper islamic dress code?
It’s a “Heads, i win; tails, you lose” situation for women.
Re: Property after Divorce
^ we are not discussing inheritance laws and stipends paid to wives for sqeezing pupies out. THree months of support pales in comparison to alimony statutes int he west. (women lose).
We are talking about equitable distribution of wealth in a marriage.
women in the muslim world contibute far less to the GDP than men do. That means they don't work or have access to jobs or are precluded to work and even if they do are subject to discriminatory wages and wealth creation opportunities. what khadija did in the 7th century has no relevance to todays society.
the man made system is far better than what is prescribed by islamic god. it takes into account the creation of wealth during the marriage. which is possible only by euqitable contribution to the house hold, either in cash or kind. And upon divorce, the portion in kind can equal 50% of cash. this is equitable.
Re: Property after Divorce
Tsk tsk. Someone of your stature with a background in finance should be able to see through the trickle down effects. Inheritance laws are cited and tied with marriage and divorce laws to illustrate the equitable distribution of wealth for a muslim throughout his/her lifetime, regardless of what his/her sex is. My post illustrates it is fair for both.
Yeah, and in western society, there are statutes which sway to both extremes.
For. e.g., Father can legally strip daughter out of a will. Husband then can have her sign a pre-nup. In that case the wife is totally screwed.
Only novices with a parochial mindset look at the microcosm of things; and in doing so, miss out the bigger picture.
Muslims are lecherous sexist pigs who do not follow islam properly and treat women like shyt. Tsk tsk.
nomarriage.com
http://en.wikipedia.org/wiki/Marriage_strike
http://www.paklinks.com/gs/showthread.php?t=192462
Have a blast, babe!!
Re: Property after Divorce
Okay, woah, I asked a question and I still don't have a response.
Lets say this is the situation, since I think this is an ideal divorce situation AND its common in our culture.
Husband is beating crap out of wife. Wife is good wife. She gives him maximum bang for his buck, but she is not getting any return on her investments other than bruises.
Divorce ensues. Granted by court, WHATEVUR. I don't care how the divorce happens - it HAPPENS (since there is another thread on it and the details are complicated).
Now. What happens to her? Okay, so her kids are financially supported - fantastic. Later on she can get a job if societ allows for it (and that's another discussion altogether).
But what happens to her shelter? Who gets the house? Who gets the cars? If husband has GIFTED something to his wife - like here, use this - does she keep that item? And in our culture, often time the wife's name does not get written on the property, and she is often too much of a dedicated oblivious puppy to demand that her name be written on it. So he buys plot of land and builds house for the family, but after divorce, where is she going to go?? Assuming she doesn't have family, and imposing on friends is too much, and she has no money of her own to actually buy or rent a home?
Its where things are "joint" that things get complicated as to how the division takes place.
Re: Property after Divorce
which one are you asking?culturally or islamically?
Re: Property after Divorce
Islamically, I am asking what happens to the shelter (house) that the husband and wife share after divorce?
Re: Property after Divorce
^
depends on who it belongs to....