Maintaining One’s Ex-Husband
QUESTION:
A man and woman were married from 1999 until 2012, when they divorced. During this time, the husband was unemployed for seven years, with the wife sustaining the family on her income. In 2010, they bought a house together. When the divorce took place in 2012, the husband wrote off his share of the house, saying that it was for his children to have a place to stay. The wife paid the husband R120 000 cash and gave him a car in lieu of contributing financially and physically towards the house. The wife then paid off the house from her own earnings. The husband quit his job after the divorce and is currently unemployed, expecting his ex-wife to support him. In light of the above, does the wife owe anything more to the husband?
ANSWER:
Firstly, in Islam, it is the responsibility of the man to venture outdoors and earn one’s sustenance. Hence, as a husband, he has shirked in his responsibility. As for women, the Quraan Majeed clearly states that they should remain at home:
وَقَرْنَ فِي بُيُوتِكُنَّ وَلَا تَبَرَّجْنَ تَبَرُّجَ الْجَاهِلِيَّةِ الْأُولَىٰ
(الأحزاب آ:33)
“Remain in your homes and do not make a display of yourselves as was the practice of the former period of ignorance.”
Secondly, you have stated in your query that, “The husband wrote off his share of the house and said it was for his children to have a place to stay,” which means that he had forfeited his share in the house and had accepted R120 000 and a car in lieu of his share as a recompense. Hence, he has no right to claim a share in the house now.
قالَ رسولُ اللَّهِ صلَّى اللَّهُ عليهِ وسلَّمَ المسلمون على شروطهم والصلح جائز بين المسلمين إلا صلحا أحل حراما (أبو داود #3594)
NB: Our Fatwa is based on the information provided to us. If the situation is different to what was explained in the query, the Fatwa may differ.
ALLAH TA’ALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST!
ANSWERED BY:
Mufti Abdul Kader Fazlani
Date: 26 Muharram 1448 / 12 July 2026
CHECKED AND APPROVED BY:
Mufti Yacoob Vally Saheb