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Ownership of house in talaaq

Wa alaykum assalam warahmatullah

 

In the Name of Allah, the All-Merciful, the Mercy-giving

 

All praise is due to Allah. Peace and blessings be upon Prophet Muhammad.

 

A divorced woman should remain in the marital house during her `iddah (waiting period) in revocable divorce, but she has to leave after `iddah. In irrevocable divorce, she has no right to remain in the marital house. In case a divorced woman has young children under her care, the ex-husband has to provide housing for them, if she has no home shelter herself in.

 

But for the wife to keep the house or a share of it under the Western law, though she paid no penny and without the husband’s consent, is a kind of unlawful consumption of others’ wealth. Almighty Allah says what means “O you who believe! You shall not consume one another’s wealth by false means” (An-Nisaa 4:29) and the Messenger (peace and blessings be upon him) said, “One’s wealth shall not be lawful [for others to take] unless with his pleasant consent.” (Ahmad])

 

Being in a non-Muslim country is not a justification for not abiding by Shari`ah rules.

 

Almighty Allah knows best.

Thursday, Jan. 01, 1970 | 00:00 - 00:00 GMT

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