She is entitled by law to half the savings of her husband after divorce
26-8-2009 | IslamWeb
Question:
Assalamo alaikom, My former husband divorced me in American Court, but he hasn't divorced me islamically. I am assuming since he wanted divorce, I am islamically divorced too. And the reason he divorced because he met a woman in the internet and he was chatting with her for one year. Then he decided that is not happy with me and he will be happy with her. I asked them to stop but, they did not listen. The law enforced him to split his savings with me, but he refused. We have one daughter togather. The law also give me the right to get spouse support and child support. So my question is can I take the money the law give like, half of his saving, spouse support? Nota that before marriage he didn't have a job or money, he also had debt to pay. Al-hamdo Lillah the first month of marriage Allah bless him with a good job and he saved more money when he worked in Saudi Arabia. Jazakoum Allaho Khayran.
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, sallallaahu 'alyhi wa sallam, is His slave and Messenger.
If your husband pronounced divorce in that court or signed a divorce document intending to divorce you, then divorce has taken place. It does not matter that this has taken place in an American court. However, if none of that has happened and it was only the court that issued a divorce statement, then divorce has not yet taken place.
For further information, please see Fatwa 90056. Besides, your assumption that divorce takes place merely by the intention of your husband to divorce you is not correct, since divorce does not take place by the intention only.
We previously clarified the rights of the divorced woman in Fatwa 83934. They do not include taking one half of the husband's savings. If we presume that divorce did take place, you would not be allowed to take that money even if the court ruled it. As regards spending on the daughter, it is the responsibility of her father.
However, we advise you to keep the daughter away from the dispute between you and your husband. She should find care and love from both of you so that she can grow up properly. In principle, it is your right to take custody of your daughter as long as you have not remarried. For further information about the order of those who are entitled to the child's custody, please refer to Fatwa 84618.
Allaah Knows best.