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Fatwa CenterDetermined to take at least half of her husband’s property after divorce
Question
Iam an american muslim women , I been married for 17 years and have seven children, I never worked while I was married my husband took good care of us, now Iam going thru a divorce in america, I and my family are after my husband to get what ever we can from him meaning at least 50% of what he have , and the kids as well , would this money be halal or not.... now I do pray but none of my family do,, can you please let me know what does islam say about this,,, thank you
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
You did not mention to us the reason why you are asking your husband to divorce you. In principle, a wife is not permitted to ask her husband for divorce except for a sound reason accepted in Islam; we have already clarified the situation in which the wife is permitted to ask for divorce in Fatwa 81717, so please refer to it.
If we presume that divorce takes place, then the Islamic Law clarified the right of a divorcee if her husband had consummated the marriage with her, like her husband being obliged to spend on her while she is in the waiting period, and her right for the dowry. The Islamic Law also clarified that the parents are obliged to spend on the children who have no money. Moreover, the issue of fostering the children is also determined and very well clarified, for more benefit on this, please refer to Fataawa 86053 and 82128, and Fatwa 83934 on the rights of a divorcee. It is more appropriate in such a case to take the matter to the nearest Islamic centre in your country.
We do not know exactly what you mean by being determined to take more than half of you husband's property. If you mean taking his wealth through man-made law (i.e. court order), then you are not allowed to take this money except what the Islamic Law permits you, and anything more than your right is forbidden and you are not allowed to take it except with his permission. Man-made laws should not be taken into account if they contradict the Islamic Law. It should be noted that in principle it is not permissible for a Muslim to resort to man-made laws except for a necessity. For more benefit, please refer to Fatwa 94106.
Furthermore, it should be noted that you and your husband should not hasten for divorce as divorce could lead to many disadvantages, especially that you are blessed with children, therefore if reconciliation is possible, one should resort to it.
As regards what you mentioned that your family does not perform the prayer, then this is really very grave; for more benefit on the ruling of abandoning the prayer, please refer to Fatwa 84235 and 81555. Hence, they should be advised and reminded of Allaah.
Allaah Knows best.
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