Property after Divorce

Re: Property after Divorce

Well that's what I'm saying. In Islam, if a husband and wife share a house and both are living in it, then doesn't it belong to both of them? Or it just belongs to the person who put their own earned money in it?

In that case, should not muslim women be encouraged to earn money and have some of that money put into their home payments, such that if there was a divorce, then the woman is not homeless for a period of time? I'm talking about economies of today, where its hard for uneducated women to find jobs.

And furthermore, doesn't this advocate the need and necessity for a female to be educated, that in the case she ends up with an abusive husband or something of that sort, then she would have some grounds upon which to stand?

Or is the Islamic law actually that she does have some right to the home she has...?

Re: Property after Divorce

if the house is owned by the husband, she has no right in it at all....
neither Islam nor any other law/religion will give the woman a share in the house if the man owns it....
and similarly, the husband has no right in the house if its under the woman's name....

Re: Property after Divorce

Women in the west might win, but men also lose…There are plenty of golddiggers who will take advantage of these alimony laws, women who’ll lie to their men adn get pregnant in order to trap him and take his money and not evne let him see the kid, or will make him pay for a kid that might not even be his and dn’t tell me you think that it’s okay. There has to be a balance, against totally stripping women of their rights or unfairly bleedng the guy dry of his money and life. That is what Islam provides, equality and balance between the two. Those rights may not be executed properly but life ain’t perfect and the men who deprive women of their rights, as spelled out in teh Quran, will be punished.

The laws are perfect and fair, but unfortunately life circumstances are not. More often than not, women in other countries do not have hte opportunity to work or even get an education, so after a divorce, they can be left penniless and homeless, but you can’t blame the text for bad circumstances..

Re: Property after Divorce

The laws are perfect and fair, but unfortunately life circumstances are not. More often than not, women in other countries do not have hte opportunity to work or even get an education, so after a divorce, they can be left penniless and homeless, but you can't blame the text for bad circumstances..

Well that's why if you look at Islamic law you will see no prohibition against a couple having the house under both the husband and wife's name. You will also see no prohibition against women getting an education (and I dont necessarily mean a 4 year lib arts degree etc), and you will also see no prohibition against women being active in the workplace.

Its man-made culture that hinders a woman's right to a comfortable and pleasant life.

One of the questions that these answers raise in my mind is...how can you tell a woman that its UnIslamic for her to work and be a working mother or a mother getting an education, when one of the possible future circumstances she might have to face is losing a home because she didn't make any money to help purchase the home or wasn't educated enough to make sure her name is on the property papers of all purchases made by both husband/wfie (common occurrence with desis)?

Re: Property after Divorce

Armughal, what establishes right of ownership?

Like say my husband buys a home for us with his own money that he recieves from his job, right? But lets say that the house is under both of our names. However, it wasn't bought with any of my money, but yes, I did perform labor, etc in the maintenance and upkeep of the home.

Do I have to have paid for the home to have ownership to it, or can my husband and I choose to use his money and keep the home under both of our names?

Re: Property after Divorce

^
if its under both of ur names, then u can have a mutual understanding of how to divide it....
u can have a wall built in the middle or share the money after u sell it, or let one partner buy the full house by paying the other the worth of it....

it aint so complicated....

Re: Property after Divorce

Arrhay you didn't answer my question. How is ownership established? My 50-50 monetary payment or by putting the name on the house?

Re: Property after Divorce

if u put the money in and u did not have it written down and did not have any witnesses for the transaction, because u thought mutual trust was good enuff, then u really have not to blame law and religion is he turns his back on u later....

so if u put something in, get a documented proof of it....

Re: Property after Divorce

And if you did not put any money in, but your name is on the documents along with the husband's, then its still 50% yours? Really armughal, who taught you how to answers questions. This is like the 3rd or so time, I'm asking you to answer the question fully.

Re: Property after Divorce

yes, if u did not put in any money and documents say that u have 50% of the share in the house, then u do have it....

Islam respects legal documents....