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🚪 Divorce, ʿiddah & rujuk · #168

The house and gold were bought with my own salary, while my husband rarely gave maintenance. Can he claim a share after we divorce?

He can file a claim, but the law gives the larger share to the party who acquired the asset. The Syariah court may divide assets acquired by the efforts of one party alone, whether husband or wife. In weighing this, the court looks at the other party's contribution to the welfare of the family, such as looking after the home and family, and at the needs of children who are still minors. So a failure to give maintenance and a small role at home are relevant facts, but the court decides on the evidence. Gather now your salary statements, instalment records, receipts for the gold and proof of the household spending you carried. Maintenance not given during the marriage is a separate claim; ask a Syariah lawyer about it. See harta sepencarian.
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This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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