🚪 Divorce, ʿiddah & rujuk · #166

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 is stated in s.59(2): a wife who is nusyuz is not entitled to maintenance, subject to Hukum Syarak and confirmation by the court. Section 122 lists what is weighed for harta sepencarian: the extent of each party's contribution, debts for joint benefit, and the needs of minor children. Nusyuz is not on that list. This does not mean conduct is never relevant in any case; the court weighs all the facts. For your case, get advice from a Syariah lawyer and do not accept such a claim without checking. See Nusyuz.

Sources

Act 303, s.122

← PreviousOur house is in my name, but my former husband also paid instalments. Can he claim a share?

Related questions

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 husband divorced me without telling me; I found out months later. When does my ʿiddah begin?According to the Shafi'i school, the ʿiddah begins from the date talak was pronounced, not from when the wife learns of it; if …The house belonged to my husband before we married, but I improved it a lot. Can it count as harta sepencarian?Yes, if the improvement was substantial and happened during the marriage. Act 303 s.122(5) says that assets…Our house is in my name, but my former husband also paid instalments. Can he claim a share?Yes; harta sepencarian is a right of both parties, not of the wife alone. Act 303 s.122(1) gives the court…Which court do I file a harta sepencarian claim in?Usually the Syariah High Court of the state where you live or where the marriage or divorce was registered. Each…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