Fatwa: # 15855
Category: Divorce (Talaaq)
Country: South Africa
Date: 13th November 2007

Title

If we divorce, is she entitled to a portion of the property? If so, and we split the profits, could I claim back my fees that I've paid thus far?...What steps do I need to take?

Question

My wife and I are planning a divorce. We bought a property a year ago in both our names by South African law, but I have paid all fees thus far. If we divorce, is she entitled to a portion of the property? If so, and we split the profits, could I claim back my fees that I've paid thus far?

 
What steps do I need to take?
  
ISSUES that I have to deal with:
-She refuses to satisfy my sexual needs (most of the time).
-She is always finding fault with me (with my beliefs and morals).
-She does most things against my will (without permission).
-She regards me as lacking Islamic knowledge (she feels so because she attended a few Islamic classes when she was younger compared to me attending a bit less - resulting in her always disagreeing with me)
her angry and hits me. I usually clean up after her to maintain peace.
-She hits, scratches, and threatens me if she is angry.
-She complains to her family about me - painting a bad picture of myself.
-She has her family pick her up when she is angry.
-She complains that I do not take her enough to see her parents, yet we visit them thrice a week - compared to her never visiting my parents.
 
 .......and the list goes on. So far, nothing has changed.

I may have sworn at her a few times when I get emotionally hurt, but I never hit her. I nafaka her to the best of my ability.

I am 27 and I just want a happy life.

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

We take note of your complains against your wife. We make dua that Allah guides you and grant you courage, Aameen.

We advise that you seek intervention of a neutral person or body to save the marriage. Try to avoid a divorce. Divorce should be a last resort after exhausting every avenue of addressing your grievances and failing in that. If you have purchased the property with your money, the property belongs to you. Your wife does not have any share in the property even though the property is registered on her name as well. She should fear Allah and not unjustly claim a share of the property.

And Allah knows best

Wassalam

Mufti Ebrahim Desai
Darul Iftaa

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