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💰 Family finances · #39

Who owns the property a wife had before marriage, or inherited from her family?

It remains entirely hers; marriage does not transfer ownership to the husband, and he may not use it without her free consent.
Allah says that men have a share of what they earn and women have a share of what they earn (an-Nisa' 4:32), and forbids consuming others' wealth unjustly (4:29). A house, land, savings or gold owned before marriage, as well as inheritance from her parents, is the wife's personal property. In general such property is not counted as jointly acquired property (harta sepencarian) on divorce, unless its value grew through joint effort during the marriage — the court assesses each case. Keep the ownership documents, and if the wife contributes her own property to a shared home, record whether it is a gift, a loan or a partnership. If she gives willingly, that is a kindness that earns reward. See Jointly acquired property.

Sources

Surah an-Nisa' 4:32Surah an-Nisa' 4:29Act 303, s.122
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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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