Do British laws obligate me to share my property and savings with my husband in the event of divorce, even if he did not contribute to their acquisition? And is our marriage valid Islamically despite the absence of a marriage certificate from an Islamic authority?
It is obligatory to know the ruling of Islam regarding the division of wealth upon divorce, and it is not permissible to resort to British law because it is an unjust law that contravenes . The ruling of British law or any other law of infidel states, which dictates that spouses share equally what each possesses upon divorce, is an invalid, pre-Islamic (Jahili) ruling. It is not permissible for a Muslim to accept it or resort to it; rather, it is a form of resorting to Taghut, which is forbidden by Sharia. If one of the spouses resorts to this law and is awarded something, it is not permissible for them to take it, as it is unlawful wealth.
A will is executed after the death of the testator and is not permissible for an heir unless the other heirs agree. However, if the intention is to give the husband something of wealth during his lifetime, this is a valid gift and donation as long as it is given willingly.
It is not a condition for the validity of marriage that it be documented in an Islamic center or a court. Rather, it is valid with the fulfillment of the conditions of the guardian (wali), two witnesses, and the wife's consent, even though documentation is obligatory to safeguard rights. The woman's guardian is her father, then his father, then her son, then her full brother (from both parents), then her half-brother (from her father only), and so on, following the order of the agnatic relatives (asabah).
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