A wife's entitlement to marital per...

Egypt's Dar Al-Ifta

A wife's entitlement to marital personal property


hich includes the following:

What is the ruling on marital personal property in a case in which the marriage is still existent but there is a marital discord which has resulted in the wife being prevented from accessing the house or taking these movables?



The principle is that marital personal property customarily comprises the furniture and appliances that the husband buys to ready the marital house. It is the custom in Egypt for the husband to make a list of the movables, acknowledging his wife's possession of them. Her ownership of these items is in lieu of the dowry or part of it and, in this case, the list takes the same ruling as the dowry.
If it is the wife who has bought the items included in the list from her own money or her guardian bought them for her, then there is no contention over her ownership, whether or not the husband has made a list of these items for her. The wife is entitled to prove her ownership by producing witnesses and other means, the authenticity of which is determined by the judge.
As long as the items included in the list belong exclusively to the wife, the  above applies whether the husband has divorced her or their marriage is still standing and he wants to prevent his wife from taking the personal property under any pretext. Rather, the principle is that it is necessary for the husband to ready the marital house for his wife in a suitable manner suitable.
Allah the Almighty knows best.


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