I live in the USA and my wife filed for divorce. Is taking 50% of my assets lawful?
I live in the US and my wife filed for divorce against my will yet she was granted half of what I own. Is this ruling Islamic?
We are of the opinion that this is one of the civil rights which are subject to the customs and laws of a given country. These laws are applied according to a comprehensive system that takes into account the wages; conditions for salary raises; means of subsidizing communal infrastructure; the government’s commitment to provide self-sufficiency for both the individual and the family including housing, living, healthcare, marriage, education; and determining governmental subsidies according to the family size, thus giving it a form of entitlement to enact laws regulating rights. There is no objection to seeking this right whenever the conditions are fulfilled. This is because a person who enters such a country and who resides in it must follow the laws and regulations that organize public life and individual rights.
Equivalent civil rights known as ‘bi haq al-kad wal si’aya’ [right of endeavor] are found in Maliki jurisprudence. A great number of Maliki jurists maintained a wife's right to take half of her husband’s assets which he has collected during their marriage since she stood by his side and supported him during their time together. These scholars include the luminary and leading Maliki scholar of his time Abu Al-Abbas Ahmad Ibn Ardun. Maliki scholars have issued fatwas and written treatises on this matter. This was also the opinion followed by many in Northwestern African countries during the last century. Many studies and researches indicate that Western laws derived this law from this Islamic juristic perspective.