In the Name of Allah, the Entirely Merciful, the Especially Merciful
All praise is due to Allah, Lord of the worlds, may the blessings and peace of Allah be upon our master Muhammad, the seal of prophets, on his family, and all his companions.
Resolution No. 227 (11/23)
On
Marriage Contract Impact on Spouses Ownership
The Council of the International Islamic Fiqh Academy of the Organization of Islamic Cooperation, held in its twenty-third Session in al-Madinah al-Munawarah on 19-23 Safar 1440, corresponding to 28 October-01 November 2018.
Having reviewed the research papers submitted to the Academy on Marriage Contract Impact on Spouses Ownership,
Having listened to the extensive discussions,
Resolves the following
First, both spouses enjoy independent financial liability, and each party enjoys under that the right to act in relation to his or her properties, including the rights to netting and donation.
Second, spouses ownership resulting from the marriage contract or from other reasons, is considered personal property of its owner, and will hereafter 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 khul’, that caused her loss, it shall be her right to recourse to justice and claim compensation for losses that affected her. This is a contemporary activation of the divorcee’s rights granted to her by the Almighty Lawgiver.
Fifth, calling to establish governmental and non-governmental institutions for divorced women care and for meeting their needs.
Allah Knows Best
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