What is the ruling of Islamic law on filling out a blank check with an amount sufficient to provide housing for children and their divorced mother, given that her ex-husband betrayed and divorced her, did not pay her deferred dowry or her children's maintenance, and previously stole her gold?
It is impermissible to take a Muslim's wealth except with their willing consent, or through a legally sanctioned means.
Therefore, it is not permissible for you to write on the check anything more than the amount you are entitled to from your ex-husband, such as the deferred Mahr and the children's maintenance – if you spent on them with the intention of claiming it back from their father.
As for the gold mentioned, if he took it from you unjustly, then he is liable for it. Fungible items are returned with their like, and non-fungible items with their value. Thus, uncrafted gold is returned with a similar weight, and crafted gold jewelry is returned with its value on the day of the transgression.
Regarding the residence of the divorced mother and the child in her custody, please refer to Fatwa no. 42680.
It is best for these disputed matters to be referred to the Sharia courts. It is not permissible to resort to man-made laws except out of necessity.
Even assuming recourse to such laws out of necessity, it is not permissible for a Muslim to take anything more than what is legally permissible for them according to Islamic law.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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