🚪 Divorce, ʿiddah & rujuk · #167

I was the one who applied for fasakh. Does that make me lose the right to claim harta sepencarian?

No; the right to claim harta sepencarian does not depend on who started the divorce. The Syariah court has power to divide harta sepencarian when it permits the pronouncement of talaq or when it makes a divorce order, and fasakh is a divorce order made by the court. The same goes for khuluk, which is pronounced before the court. What is weighed is each party's contribution to the assets, debts incurred for joint benefit and the children's needs. Be careful about one thing: if you agree to give up your claim as part of a settlement, that written agreement binds you. Read every document carefully and get advice from a Syariah lawyer before signing it. See harta sepencarian.

← PreviousMy former husband says I was nusyuz, so I am not entitled to harta sepencarian. Is that right?Next →The house and gold were bought with my own salary, while my husband rarely gave maintenance. Can he claim a share after we divorce?

Related questions

I am a full-time housewife. Am I eligible to claim jointly acquired property?Yes; indirect contributions such as running the household and raising the children can be taken into account in a claim for joi…I am worried my husband will sell the house before the harta sepencarian case ends. What can I do?Apply to the Syariah court for an order prohibiting the disposal of assets. Act 303 s.107A lets the court, on the…My mistakes caused our divorce. How do I repent and repair what I still can?Repentance begins with admitting the wrong without excuses, then repairing what is still within your power, especially …My former husband says I was nusyuz, so I am not entitled to harta sepencarian. Is that right?Nusyuz relates to maintenance; harta sepencarian is assessed on contribution. In Act 303, the effect of nusyuz…My ex-husband suggests transferring our house to the children instead of giving me my share of harta sepencarian. Should I agree?Think it through first, because property in the children’s names is no longer yours. The idea sounds noble, but t…We divorced two years ago. Can I still claim harta sepencarian?A claim can be made together with the divorce application or as a separate claim after the divorce. Many former wives…

This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

Comments or feedback

Read only by the MYPolygyny administrator — never published.

About Us · Ask · Site Map · Privacy · Editorial policy · Disclaimer