How Is Property Division Handled in an Islamic Divorce?

 Posted on September 24, 2021 in Islamic Divorce

Any couple that chooses to end their marriage will need to address multiple types of complex legal and financial issues. However, during an Islamic divorce, these issues can become even more complicated. In addition to following the divorce laws in the United States, a couple may also need to determine how Sharia law applies in their situation. When addressing issues related to property division, a spouse can make sure their rights and interests will be protected by working with an attorney who is experienced in Islamic divorce cases.

Rights to Property in an Islamic Divorce

Traditionally, Islamic law does not recognize the concept of marital wealth. Married spouses are not required to share their income and assets, but each spouse is entitled to ownership of assets they brought into the marriage. Because of this separation of wealth, some husbands may claim that their wives are not entitled to a share of certain assets during a divorce. However, Islamic law also states that wives are entitled to an equitable divorce and compensation for their contribution to the marriage. 

A couple’s marriage contract may address how property will be divided in the case of divorce. In some cases, the mahr paid by a husband to his wife may address her needs and ensure that she will have the necessary financial resources following divorce. However, in cases where mahr is symbolic or only consists of a low amount, it may not be sufficient to address the wife’s needs fully. Islamic law also recommends that a husband provide a wife with a gift to ensure that she can address her living expenses following divorce. Depending on whether a wife worked during a couple’s marriage or provided other services, such as managing domestic duties to allow the husband to pursue a career, the wife may ask for compensation to address her contributions to the household.

If a couple cannot reach an agreement on how Islamic law applies to the division of property, they may need to address these issues in family court. In these cases, a court will usually require the couple to follow the divorce laws in their state. In Illinois, married spouses are entitled to the equitable division of marital property. All assets and debts acquired during a couple’s marriage will need to be divided fairly and equitably based on factors such as the needs of the spouses, their contributions to the marriage, and their ability to earn income that will allow them to support themselves.

Contact Our Oakbrook Terrace Asset Division Lawyers

If you need to understand how Sharia law and the divorce laws in Illinois apply to the division of property in your case, the lawyers at Farooqi & Husain Law Office can offer assistance and legal representation. We will work to help you complete your divorce successfully while protecting your rights and financial interests. 

Sources:

https://www.ksfamilylaw.com/pdf/family-law-newsletter-12-06.pdf

https://www.al-islam.org/new-perspective-women-islam-fatma-saleh-sayyid-moustafa-al-qazwini/chapter-3-divorce-divorce-and

https://fiqh.world-federation.org/question/division-of-assets-after-divorce/