Categories
Marriage

Divorce and Assets

Assalāmu `alaikum Warahmatullāhi Wabarakatuh.

Muhtaram Brother,

We make Dua you are well.     

Kindly find attached Fatwa/answer to your query:

Question:

Salams Mawlana,

My question is in the UK when a husband and wife get divorced and the divorce goes through courts, the wife is entitled to 50% or more of the husband’s assets, his house etc.

a) Islamically, would this be permissible for the wife to claim?

b) Morally, should Muslim women be encouraged to claim only what is theirs?

JzkAllah

Ismail, Blackburn

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

According to Shariah, whatever belongs to the husband is his right of ownership. Likewise, what belongs to the wife is her right of ownership.

The spouses do not become partners in each other’s wealth by virtue of the marriage. It is, therefore, incorrect for one spouse to claim the wealth of the other in a breakdown of a marriage, by virtue of the marriage. If one makes such a claim and is successful, then that will be Ghasab (usurpation of one’s wealth), which is Haram.[1] It is incorrect to make use of the law of the country if the law is against the Shariah. See the following Hadith:

Rasulullah (Sallallahu Alaihi Wasallam) said:

أَلَا إِنَّ دِمَاءَكُمْ وَأَمْوَالَكُمْ حَرَامٌ عَلَيْكُمْ إِلَى أَنْ تَلْقَوْا رَبَّكُمْ كَحُرْمَةِ يَوْمِكُمْ هَذَا فِي شَهْرِكُمْ هَذَا فِي بَلَدِكُمْ هَذَا (شرح معاني الآثار 6157)

Translation: Verily, your blood and wealth are sanctified upon you till you meet your lord. Just like the sanctity of this day, in this month, in this city.

Likewise, Allah Taala says:

وَلَا تَأْكُلُوا أَمْوَالَكُمْ بَيْنَكُمْ بِالْبَاطِلِ وَتُدْلُوا بِهَا إِلَى الْحُكَّامِ لِتَأْكُلُوا فَرِيقًا مِنْ أَمْوَالِ النَّاسِ بِالْإِثْمِ وَأَنْتُمْ تَعْلَمُون (سورة البقرة:188)

Translation: Do not eat up each other’s property by false means, nor approach with it the authorities to eat up a portion of the property of the people sinfully, while you know (that you are unjust in doing so).

In a hadith, Rasulullah (Sallallahu Alaihi Wasallam) said:

إِنَّكُمْ تَخْتَصِمُونَ إِلَيَّ وَلَعَلَّ بَعْضَكُمْ أَلْحَنُ بِحُجَّتِهِ مِنْ بَعْضٍ فَمَنْ قَضَيْتُ لَهُ بِحَقِّ أَخِيهِ شَيْئًا بِقَوْلِهِ فَإِنَّمَا أَقْطَعُ لَهُ قِطْعَةً مِنَ النَّارِ فَلاَ يَأْخُذْهَا (بخاري 2680)

Translation: Verily, you bring your disputes to me. Perhaps, some of you are more eloquent than others. So, he whom I, by my judgment, give out of the right of a Muslim (the undue share). In reality, I have given him a portion of the Fire. So, do not take it.

It is clear from the above that it is prohibited for one to wrongfully take the wealth of another.

And Allah Ta’āla Knows Best 

Student – Darul Iftaa

Checked and Approved by,

Mufti Ebrahim Desai.

04-11-1442|11-27-2020


[1] بدائع الصنائع في ترتيب الشرائع (ج7 ص148) دار الكتب العلمية

 وأما حكم الغصب فله في الأصل حكمان: أحدهما: يرجع إلى الآخرة، والثاني: يرجع إلى الدنيا. أما الذي يرجع إلى الآخرة فهو الإثم واستحقاق المؤاخذة إذا فعله عن علم؛ لأنه معصية، وارتكاب المعصية على سبيل التعمد سبب لاستحقاق المؤاخذة، وقد روي عنه – عليه الصلاة والسلام – أنه قال: «من غصب شبرا من أرض طوقه الله تعالى من سبع أرضين يوم القيامة» وإن فعله لا عن علم، بأن ظن أنه ملكه فلا مؤاخذة عليه؛ لأن الخطأ مرفوع المؤاخذة شرعا ببركة دعاء النبي – عليه الصلاة والسلام – بقوله – عليه الصلاة والسلام -: «ربنا لا تؤاخذنا إن نسينا أو أخطأنا» وقوله – عليه الصلاة والسلام -: «رفع عن أمتي الخطأ والنسيان وما استكرهوا عليه. (وأما) الذي يرجع إلى الدنيا، فأنواع: بعضها يرجع إلى حال قيام المغصوب، وبعضها يرجع إلى حال هلاكه، وبعضها يرجع إلى حال نقصانه، وبعضها يرجع إلى حال زيادته…

الهداية (ج4 ص296) دار احياء التراث

الغصب في اللغة: أخذ الشيء من الغير على سبيل التغلب للاستعمال فيه. وفي الشريعة: أخذ مال متقوم محترم بغير إذن المالك على وجه يزيل يده. حتى كان استخدام العبد وحمل الدابة غصبا دون الجلوس على البساط، ثم إن كان مع العلم فحكمه المأثم والمغرم، وإن كان بدونه فالضمان؛ لأنه حق العبد فلا يتوقف على قصده ولا إثم؛ لأن الخطأ موضوع.

البناية شرح الهداية (ج11 ص181) دار الكتب العلمية

(الغصب في اللغة عبارة عن أخذ الشيء من الغير على سبيل التغلب) ش: أي أخذ الشيء ظلما وقهرا، تقول غصبه منه وغصبه عليه بمعنى، قيل وغصبه إياه أيضا، والشيء أغصب ومغصوب، قلت قولهم شيء غصب تسمية بالمصدر فهذا الذي ذكره يتناول متقوما وغير متقوم، يقال غصب زوجة وحمر فلان م: (للاستعمال فيه بين أهل اللغة) ش: أي استعمال لفظ الغصب في أخذ الشيء من الغير على سبيل التغلب.

م: (وفي الشريعة: أخذ مال) ش: أي الغصب في اصطلاح الشريعة أخذ مال، وهذا بمنزلة الجنس للحد وباقي قيوده كالفصل؛ لأنه يتناول المحدود وغيره. وقوله م: (متقوم) ش: احتراز عن الخمر. وقوله م: (محترم) ش: احتراز عن مال الحربي فإنه غير محترم. وقوله م: (بغير إذن المالك) ش: احتراز عما إذا أخذه بإذن مالكه، فإنه لا يسمى غصبا.

Jazakallahu ~ Khayra,

Wassalamu alaykum.

Administration Department

Darul Iftaa Mahmudiyyah

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Tel : +27 (0) 31 2075772 
Email : admin@daruliftaa.net
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Categories
Marriage

10 Ways to be the Ideal Muslim Husband

بسم الله الرحمن الرحيم

images (3)Zainab bint Younus, Canada

MARITAL ADVICE LISTS are common to find in Muslim literature and lectures, yet the information is almost always targeted towards women. However, we all know that it takes two to tango – and so here is a list aimed at Muslim husbands in the hopes that they, too, will benefit and be able to improve their relationships.

1. Have taqwa and isân

Know that you are responsible for your end of the marriage, regardless of how the other party treats you. Fulfill your wife’s rights without demanding yours first, and know that you seek Allah’s Pleasure over anyone else’s. Do your job with excellence, and don’t make it conditional. Isân is not merely to worship in the ritual sense, but to conduct oneself in general with an awareness that Allah is Al-Raqîb (the Ever-Watchful), and to fulfill one’s duties in the best of manners.

Then he (Jibrîl) said, “Inform me about isân.” He (the Messenger of Allah) answered, “It is that you should serve Allah as though you could see Him, for though you cannot see Him yet (know that) He sees you.” (Muslim)

2. Respect her

Remember that Allah describes marriage as a bond of love and mercy – love ebbs and flows, but mercy and respect must always be there, even – especially – in times of conflict. Unfortunately, we tend to present respect as a quality that men need (“men need respect, women need affection”). The truth is, however, that one can love someone without respecting them… and this is very, very dangerous. To have mercy and respect one’s wife is to never assume that she exists merely as an extension of you or to serve your needs. To respect her is to honor her, to defend her from harm and others’ accusations, and to have husn al-ann of her.

In cases of disagreement, this respect translates as not forcing your own opinion upon her when there is Islamically acceptable room for differences of opinion.

It should go without saying, but unfortunately it bears repeating nonetheless – respecting your wife means never, ever, abusing her, physically or otherwise.

“And of His signs is that He created for you from yourselves mates that you may find tranquillity in them; and He placed between you affection and mercy. Indeed in that are signs for a people who give thought.”  [Sûrat Al-Rûm, 30:21]

Even in times of conflict, Allah tells us to behave in the most respectful and gracious of manners:

And do not forget graciousness between you.  [Sûrat Al-Baqarah, 2:237]

Abû Mûsa Al-Ashʿari (May Allah be pleased with him) reported:

I asked the Messenger of Allah: “Who is the most excellent among the Muslims?” He said, “One from whose tongue and hands the other Muslims are secure.”  [1]

3.  Be emotionally intelligent

Empathy, being attuned to the other person’s preferences, learning to understand their personality and responding appropriately without expecting to change them into something they’re not… supporting and respecting each other as both individuals and as a team. The Prophet ﷺ was an emotionally intelligent husband, who knew the differences in his wives’ personalities and interacted with them in a manner best suited to each woman. He comforted Ṣufiyyah when she wept; he had spirited discussions with ʿÂishah (May Allah be pleased with her) and he encouraged Ḥafṣah’s (May Allah be pleased with her) for knowledge.

In a famous narration known as the Hadith of Abu Zarʿ(May Allah be pleased with him) [2]  ʿAishah told the Prophet ﷺ the story of eleven women who sat together and described their husbands’ qualities and behaviours. The eleventh woman, Umm Zarʿ, described Abû Zarʿas a man who was extremely generous to his wife, showering her with gifts; who went out of his way to please her; who never rebuked her or verbally abused her; who made sure that she was comfortable and satisfied. To Umm Zarʿ, there was no greater husband than Abû Zarʿ- and the Prophet ﷺ himself told ʿÂishah, I am to you as Abû Zarʿwas to Umm Zarʿ, except that I will never divorce you.

4.  Be a True Qawwâm

Know that being a qawwâm is a matter of being a good leader – not authoritarian or a dictator, but someone who inspires love and respect, who treats others with dignity and respect… The popular book 7 Habits of Highly Effective People is a great resource for understanding what good leadership is. There are several excellent Islamic resources discussing leadership lessons from the life of the Prophet ﷺ.  [3]  [4]   Strive to embody the Sunnah in your character, not just in how many rakʿahs a day you pray.

ʿÂishah RA described the Prophet thus: “His character was the Quran.” [5] Be the type of husband that a wife describes in such a manner.

Remember that as a qawwâm, you are responsible and accountable for the well-being of your household and those under your care.

The Messenger of Allah ﷺ said:

“Each of you is a shepherd and each of you is responsible for his flock. The amîr (ruler) who is over the people is a shepherd and is responsible for his flock; a man is a shepherd in charge of the inhabitants of his household and he is responsible for his flock…”  [6]

5.  Be friends before you become spouses

That might sound odd (or not) – but we often put so much pressure on ourselves to fulfill a role (husband/wife), that we forget to get to know each other as friends first. Every marriage will go through ups and downs, intimately and otherwise… and you’ll be surprised to realize how much having a solid, sincere friendship can pull you through the hard times.

One example of RasûlAllah’s “friendship” with his wives is his relationship with Sawdah bint Zamʿah RA. She was the first woman whom he married after the death of Khadijah, and although she was considered to be elderly and not as beautiful as the other women whom he would later marry, their relationship was one of camaraderie, confidence, and laughter.  [7]

6.  Don’t be embarrassed or ignorant of female biology

Learn about it – from menstruation to female sexuality to pregnancy and everything else. You need to know this stuff – it will impact your life significantly, intimately and otherwise. Don’t laugh it off or act as though it’s not worth your time and attention. Women’s health is sorely misunderstood, and having a disinterested (or worse, disgusted) husband can make things even more difficult for women.

The Prophet ﷺ did not shy away from these matters, either as a husband or as a Messenger of Allah. Instead, he constantly enjoined men to be aware of and sensitive to their wives’ needs – just as he was with his wives.

Narrated Umm Salamah RA:

While I was laying with the Prophet ﷺ under a single woolen sheet, I got the menses. I slipped away and put on the clothes for menses. He said, “Have you got “nifâs” (menses)?” I replied, “Yes.” He then called me and made me lie with him under the same sheet.   [8]

7.  Be responsible

Being “a good Muslim husband” doesn’t just mean fulfilling the basic rights as a husband and leaving it at that. Being a good Muslim husband means that you are on the ball as a responsible adult – whether it’s paying the bills, taking out the trash, cleaning a mess in the house, or being an engaged father (not ‘babysitting’). Doing these things is not a “kindness to the wife,” or “helping out at home.” It’s not “extra credit” and deserving of lavish praise. It is part and parcel of being a grown man responsible for his surroundings, his family, and himself. Do these things out of mindfulness that Allah will never waste your efforts for His Sake.

Narrated Al-Aswad RA:

I asked ʿÂishah what did the Prophet use to do at home. She replied. “He used to keep himself busy serving his family and when it was time for the prayer, he would get up for prayer.” (Bukhâri)

ʿÂishah RA reported:

I was asked, “What did the Messenger of Allah, peace and blessings be upon him, do in his house?” I said, “The Prophet was a man among men. He would remove fleas from his clothes, milk his sheep, and serve himself.” (Musnad Ahmad 25662)

8.  Don’t pursue your nawâfil at the expense of your wife’s farâi

One issue that many men fall into is that in their zeal to engage more in ʿibâda, they end up burdening their wives even more – to the extent that she is barely able to pray her five alawât with khushûʿ. Both spouses should encourage and facilitate opportunities for each other to strengthen as Muslims, but mothers of young children especially need their husbands to step up so that they can have the necessary time they need to reconnect with Allah and flourish spiritually. (And no, that doesn’t just mean five minutes here and there.)

Ramadan is a time when this becomes more obvious than ever – for example, many men will go to alat Al-arâwî while leaving their wives to deal with the children, in addition to having cooked ifâr beforehand. On a daily basis, though, go out of your way to facilitate your wife’s ʿibâda and spiritual connection.

Narrated Abû Juḥaifah RA:

The Prophet ﷺ made a bond of brotherhood between Salmân Al-Fârisi RA and Abû Al-Dardâ’ RA. Salmân RA paid a visit to Abû Al-Dardâ’ RA and found Umm Al-Dardâ’ RA dressed in shabby clothes and asked her why she was in that state. She replied, “Your brother Abû Al-Dardâ’ R is not interested in (the luxuries of) this world.”

In the meantime Abû Al-Dardâ’ RA came and prepared a meal for Salmân RA. Salmân RA requested Abû Al-Dardâ’ RA to eat (with him), but Abû Al-Dardâ’ RA said, “I am fasting.” Salmân RA said, “I am not going to eat unless you eat.”

So, Abû Al-Dardâ’ RA ate (with Salmân). When it was night and (a part of the night had passed), Abû Al-Dardâ’ RA got up (to offer the night prayer), but Salmân RA told him to sleep and Abû Al-Dardâ’ RA slept.

After sometime Abû Al-Dardâ’ RA again got up but Salmân RA told him to sleep. When it was the last hours of the night, Salmân RA told him to get up then, and both of them offered the prayer.

Salmân RA told Abû Al-Dardâ’ RA, “Your Lord has a right on you, your soul has a right on you, and your family has a right on you; so you should give the rights of all those who has a right on you.”

Abû Al-Dardâ’ RA came to the Prophet ﷺ and narrated the whole story. The Prophet ﷺ said, “Salmân RA has spoken the truth.”   [9]

9.  Learn conflict resolution skills

One big reason that couples end up going to Shuyûkh for counseling is because they simply haven’t learned how to communicate and resolve conflicts in a healthy manner. It’s not even about one specific issue or another; it’s about learning how to deal with whatever issues arise, in the most respectful and appropriate manner possible.  [10]

The Quran and Sunnah urge positive reconciliation between believers, and especially between husbands and wives.

“And live with them honourably. For if you dislike them – perhaps you dislike a thing and Allah makes therein much good.” [Sûrat Al-Nisâ’, 4:19]

“And if a woman fears from her husband contempt or evasion, there is no sin upon them if they make terms of settlement between them – and settlement is best. And present in [human] souls is stinginess. But if you do good and fear Allah – then indeed Allah is ever with what you do, Acquainted.” [Sûrat Al-Nisâ’, 4:128]

10. Love your wife for who she is

Not because she’s the person who cooks for you or does your laundry. Not because she’s the mother of your child(ren). Not because you’ve settled into routine and you feel comfortable having her around and she knows how to work the coffee maker and where the family’s paperwork is filed. Love her for her. Her personality traits, her talents, her hobbies, the things about her that make her unique.

Notice them, appreciate them, compliment them. Let her know that you don’t just see her as wife or mother, but as an individual on her own. Know that long before she married you, indeed long before she was born to her own parents, she was created as a separate soul – a human being whose primary identity is as a slave of Allah.

And most importantly – let her know that you love her, with all the pride and openness that RasûlAllah ﷺ demonstrated when he was asked, “Who do you love most?” and he responded, simply and beautifully, “ʿÂishah.”   [11]

There are of course numerous other pieces of advice that can be dispensed on the topic – everything from giving gifts to resolving in-law issues to arranging date-nights and so on. However, more important than specific behaviours are the principles behind them – and it these principles which have been highlighted.

In short, Muslim men should strive to match the standards set by RasûlAllah ﷺ when he said:

“The best of you are those who are the best to their wives, and I am the best of you to my wives.”   [12]

————————–

[1] http://sunnah.com/riyadussaliheen/18/2

[2] http://sunnah.com/bukhari/67/123

[3] http://muslimmatters.org/2014/10/28/lessons-in-leadership-from-the-prophet-muhammad-saw/ and http://muslimmatters.org/2014/11/04/21-lessons-in-leadership-from-the-prophet-part-2/

[4] https://theislamicworkplace.com/2006/11/15/the-leadership-process-of-muhammad-s-from-hadith/

[5] http://sunnah.com/urn/2203080

[6] http://sunnah.com/abudawud/20/1

[7] http://thesalafifeminist.blogspot.ca/2014/08/his-laughter-her-love.html

[8] http://sunnah.com/bukhari/6/5

[9] http://sahaba.net/salman-farisi-rights/

[10] https://aljumuah.com/cooling-the-fires-of-marriage-part-1-an-approach-to-conflict-resolution/

[11] http://sunnah.com/bukhari/64/384

[12] Narrated by Al-Tirmidhi, 3895; Ibn Mâjah, 1977; classed as saî by al-Albaani in Saî al-Tirmidhi

ZAINAB BINT YOUNUS

Zainab bint Younus is a Canadian Muslimah who has been active in grassroots da’wah and writing about Islam and the Ummah for the last nine years. She was first published in al-Ameen Newspaper (Vancouver, Canada) at the age of 14, became a co-founder, editor, and writer for MuslimMatters.org at 16; and began writing regularly for SISTERS Magazine at the age of 19 until today. She also blogs regularly at The Salafi Feminist