What is the ruling of Islamic law regarding a divorced man who deeded half of his apartment to the mother of his children and his ex-wife, for the purpose of getting her to return to his marital bond, but she refused to return, and then refused to give him back the half? Is it permissible for the divorced woman to keep it and claim her right to this half?
Disputed matters are best presented to the Sharia Court, because the judge can summon both parties and request evidence. A divorced woman has rights, and a divorce based on ibra' (release from claims) waives the material rights agreed upon for waiver. If the wife has rights against her husband and he withholds them, she may take the amount of her right from his property without exceeding it. This is known as the issue of al-Zafar (taking one's right by force). If the husband gifted half of the apartment to his wife and he had an unfulfilled intention, he may revoke the gift. Housing for the child in custody is obligatory upon their guardian because it is part of maintenance (nafaqa), and scholars have differed on the housing of the custodian and the wage for custody.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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