Claiming 50% of the spouses wealth after divorce

Q: I live in Canada, I need some information about divorce in Islam. In Canadian law if a couple goes for divorce, every thing is divided into 50% plus spousal support and child support. My wife is the house maker, I make money and I even made some money before I got married. Can my wife claim 50% of my assets in Islamic law or can I claim 50% of her assets. How should the money be divided in Islam after divorce, please also explain about child support and spousal support.

We are married almost 11 years but we did not have peace in our married life. What is the extortion point where I should decide to leave. Can you guide us when we can take this decision?

A: Islam does not recognise any alien law, whether it is Canadian or American it will not recognise it. Applying to alien laws will amount to usurping the right of someone and that will amount to eating haraam and putting fire into your belly. In the separation, no spouse will have any share from the other spouse's wealth whatsoever.

And Allah Ta'ala (الله تعالى) knows best.


Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)