Channel: Waleed Basyouni
Series: Waleed Basyouni - Divorce Series
Divorce isn’t always smooth, and many folks don’t take the time out to discuss what would happen in the eventuality of divorce in terms of splitting up of the wealth and custody of children. This video is about discussing what happens to wealth and children after divorce.
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One of the questions that I got in regard to splitting wealth and children after divorce.
First of all, I would like to say that if the marriage contract contain any condition like a prenup, and there is conditions are written, that you will give her that amount of money, or you will split the money according to the law of the country or something in that nature, you have to adhere to these conditions in the case of divorce. That's number one. Number two, if nothing like that, no doubt, there is a financial responsibility, but this is will be different based on that type of divorce that is taking place. And because the divorce can be, as I said, reversible, if it's a first or second, this is during her waiting period.
In this case, during that waiting period, she is like your wife, she's responsible for you from A to Z with everything. Okay? Even I agree with the opinion of the even the woman who's nauseous, the woman who is
he, she disobey her husband, and she leaves the house, he's still responsible for supporting her financially
until the divorce and take place and they completely separated as because women are 100% responsible from the husband financially. And the only time some of the LMS said she doesn't have any financial responsibility upon the husband, if she's the one who initiated the divorce and she makes the whole. In this case, she doesn't have any nafa, which is
the husband is not responsible for spending money in her supporting her after that take place.
So here we go back, if it's a divorce first a second time until let three cycle of menses finish, who's responsible for her 100%. Okay, how sing and everything Bishop is supposed to be live with him anyway, she was supposed to leave the house. And he will take care of every financial aspect of her life, the same way she was when she was married, if this is the third irreversible, and it is a third one. And in this case, majority of the fukada him on the law said that he only there is no responsibility for him. In this case, she moved back to her family, and so forth. But other scholars said no, she has to be giving her nefa and housing as well. until her at the finish. And I go, I
lean towards that opinion. Because especially in modern days, it's very hard for a woman to survive. Like that. One of the things that I want to say how much how much is not really defined by [???]ty How will you interpret the sentiments out to everybody according to their wealth and their capabilities. So we will look at his income which is capable off to give and so far, but usually we asked him to maintain the same lifestyle that she has, when before the divorce taking place. If it is reasonable, one of the things I always want to say about splitting the money, it is not allowed for the woman to take money that doesn't belong to Him, to him or to her from his wealth, even if
it's given to her by force, or by the force of law in front of Allah subhana wa Tada. That's not allowed. So she should feel a lot of data and not to take advantage of the situation, they should go and ask what is hot and hot. And there is also a concept called a limiter, which is extra financial support that the husband give to the wife. And this is even something to consider as must in a case of someone divorcing his wife. And he never mentioned mom to her or divorce his wife before the consummation of the marriage, in this case that he gives her mother but I do believe that mittag should be giving in modern days even in an earlier case, I recommend highly the person to give any
financial support because even giving a three months financial support is not enough for a woman to stand our feet and go back to normal how much it is left to the man and left to that person who will handle the divorce divorces a case has to be looked by someone's like going to a judge. That's why you have we always say if you have a case, if a divorce, don't just ask them have you over the phone go to the Imam go to a scholar in your community and asked him if you live in a Muslim country go to the court. If you live in a country where they have central handling divorce issues. Go to it if you don't have asked the Imam to establish a committee to look into these divorce cases.
For children and custody, it's completely
based on a case by case, there is general rules, the general rules is that mother deserve the custody of the kids, the mother cannot go to the grandmother from the mother site cannot go to the grandmother from the husband's side. But this gender rules, but these rules as exceptions, and there's conditions. And the bottom line of it is this is that we look at the best interest of the child. So if we find that the child has this interest to be with the mother, to be with the Father, to be with the uncle, we will go with that. But this is what we focus on. That's what we care for the most.
I'm saying this, because there's so many details on this issue. And as again, we look at a case by case that's why you have to go to a share who knows about the rules of custody and well explain it to you in shall La Jolla. During that time, there were a divorce case,
and fight over the custody. So Omar only allowed and asked the boy who do you want to go with?
When he reached the age of Tommy's, like about seven or so. So he said, I want to go to my dad. And that was the dad suggestion, ask. So I'm gonna ask the boy who you want to go with. So I want to go to my father. So Omar, when he looked at the boy, look at the mother, the mother said, Yeah, Omar asked him why he want to go with his father. So he said, Why? The boy said, because my father lets me play in the street, my mother took me to the cooktop where they teach me writing and you know, math and stuff like that, then he's a you go with your mother. So he realized that, you know, the kids, that concept of the kids choose, kids sometimes cannot make or in this, he cannot make the
right decision, they will go the one who bring them toys, more toys, and make them happier, you know, get them more fun, but we look at what's the best interest for the child. But as generals in the infant, always go with the mom, even if she's not Muslim. That's at least that's what I judge between people if it's an infant,
because it has to be breast, the baby has to be breastfed. And remember, especially in America and Western countries, will also
a citizen of a country will have laws that regulate that the issue of custody is not just up to you. So we have to make sure that wherever we do, it will be in the room of that Sharia and as well work according to the system that we live in. And a lot of these issues can be avoided. If during the contract, things were clarified and malice panel data to protect all of us and give us a happy life. There's more details we discussed when we talk about these issues and took off love, which is the course I teach with a model Institute. Hopefully you get a chance to join us a shout out to od was set on wanting to learn