I have divorced by ex-wife

 

Question

 

I have divorced by ex-wife because of her bedeeni lifestyle. I am writing to know the shari rulings with regards to (a) custody of my two sons (taken by their mother to the UK without informing me) and (b) my partly constructed house. In our divorce proceedings, we had an agreement in court  that the kids will stay with their mum and that I would see them every two weekends + Alimony. We agreed outside the court that I will take care the kids education and I paid for their schooling at a Islamic school. Recently my ex-wife disappeared with my two sons. I managed to locate them in the UK and started court action for their return as per Article 28 of the Hague Convention of the Civil Aspects of International Child Abduction. Some of my family are against me in this action. Please let me know if I must proceeds. Also note that all costs are paid by the British Legal Service.  

Re my partly constructed house which I personally built, Do I have to share half of it with my ex-wife as were married civil (comunity of goods)? Does she has any share in it as per shariah law? If a lawsuit is made by my ex-wife, can I settle to put it on my two sons name ( I have three other kids with my new wife)?

 

 

Answer

Muhtaram / Muhtaramah

 

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

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

 

The mother of the children will have the custody of the children untill the age of nine. However you will be responsible for their full maintenance, clothing food etc.

After nine, the right of custody will revert to you. However a woman will lose the right of custody for infant children if she does not live an islamic lifestyle.

If you are the owner of the house, your wife has no shari right in the house even though you may be married in community of property. You are the owner of the house; you may put it on your son’s name.

And Allah knows best

Wassalam

Darul Iftaa, Madrassah In’aamiyyah

 

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