Whether husband has share in divorced wife's property
Fatwa No: 358498


My husband divorced me and is now asking for his share from the houses which I bought while I was with him. Is he Islamically allowed to ask for his share? I have also heard that alimony is haram in Islam; is that true?


All perfect praise be to Allah, the Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad, sallallahu ‘alayhi wa sallam, is His slave and Messenger.

If your husband is your partner in the ownership of these houses, then he is entitled to ask you for his share, but if he has no share in them, then he is not entitled to ask you for any share in them just because he was your husband or because you acquired ownership of them while you were married to him.

As for the divorced woman, if her divorce is revocable, then she is entitled to alimony during the ʻIddah (waiting period) regardless of whether she is pregnant or not. If she is irrevocably divorced and pregnant, she is entitled to alimony by consensus of the scholars. The scholars held different views regarding her right to alimony if she is not pregnant. Hence, it is incorrect to say that alimony is haraam (prohibited) in Islam in general.

For more information about the rights of the divorced woman, please refer to fatwa 86603.

Allah knows best.

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