Wednesday, January 19, 2022 - 17 Jumada al-Akhirah 1443

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My wife wants to get a divorce, does she get to keep the house?

My wife is asking for divorce and it is not my wish to divorce her. She says if I don't divorce her she will resort to court to initiate divorce (khol’) . What rights does she have pertaining to the following if I agree to a divorce?

1. House. She wants to keep our house.

2. Kids custody (we have three kids). She wants to keep only two of the kids and I would rather all kids stay together and I would rather have them live with me.

3. Alimony and dowry. Her dad said I will have to pay her dowry and alimony for three years. We’ve been married for 14 years.

Answer


In case of divorce, a wife is entitled to the following:

- Expenses, residence and children custody as long as they are still in the age of custody whether or not she is the one who asked for divorce.

- Mu'akhar As-Sadaq [deferred payment], nafaqat al-mut'a [alimony] and nafaqat al-'iddah [financial support during the time of waiting period] as long as the husband agreed to divorce.

It is permissible for the spouses to agree on other than this; however, they are to refer the matter to the court in case of disagreement over these rights.