In the Name of Allāh,
the Entirely Merciful, the Especially Merciful
Praise is due to Allāh, Lord of the worlds, may the blessings and peace be upon our master Muḥammad, the last of prophets, on his family, and all his companions.
Resolution No. 227 (11/23)
Implications of the Marriage Contract on Spouses Ownership
The Council of the International Islamic Fiqh Academy of the Organization of Islamic Cooperation, holding its 23rd session in al-Madinah al-Munawwarah, Kingdom of Saudi Arabia, on 19–23 Ṣafar 1440h (28 October – 1 November 2018),
Having examined the research papers submitted to the Academy concerning the Implications of the Marriage Contract on Spouses Ownership,
Having listened to the in-depth discussions on the subject,
Resolves
First: each one of the two spouses enjoys an independent financial entity, and each party enjoys under that the right to act in relation to his or her prop- erties, including the rights to exchange and donation.
Second: each spouse property, whether resulting from the marriage contract or other reasons, is considered personal property of its owner and will, after de- mise, transfer to his or her inheritors.
Third: there is no Shariah prohibition if the spouses mutually agree to share their properties based on consent and personal choice, and it is not permissible in Shariah to compel them to do so by a binding agreement.
Fourth: if the marriage ends with divorce, or repudiation, or khulʿ, that caused her loss, the wife shall have the right to recourse to court and claim compensation for losses that affected her. This is a contemporary activation of the divorcee’s Mut’ah (compensation) right granted to her by the Almighty Most Wise Lawgiver.
Fifth: calling to establish governmental and non-governmental institutions for divorced women care and for meeting their needs.
Indeed, Allāh is All-Knowing.
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