Dividing of Assets after Divorce


Salaam to all, Alhamdulillah millions to Allah for Prophet SAW and our awliya and sheikhs. Ya Sayidee the whole story is too long and it would just waste your time.Basics are:-Father has left home and remarried, says has given divorce to mother (first wife), but mother hasn’t been given half or whatever is hers. What is hers, Islamically? I know you are always praying for us weak ones Ya Sayidee and we thank you countlessly for it!

Ya Sayidee it’s causing so many ups and downs and making the shaytan happy and its annoying! Whats the best way forward and if there’s any Dua’s/Zikr/Recitation that can be done by me (youngest son) please advise…
Jazak’Allah, kissing your beloved hands and feet


wa `alaykum salam,

It depends on how much one spouse needs and how much the other spouse can afford to pay.

Generally division of property is based on things such as:

  • Proof of income of both spouses
  • Proof of expenses of both spouses
  • Proof of who is more at fault for the breakdown of the marriage.

The court can divide assets obtained during the marriage by sole effort of a spouse. The court can also order the assets to be sold and the money divided between the spouses. The court must give more of the assets/money to the spouse who made the sole effort to acquire the assets (e.g. 2/3), but consider:

  • Contribution of the other spouse in caring for the home and family needs of young children.

Imam Senad Agic
Head Imam (IABNA)
The Islamic Association of Bosniaks in North America
American Islamic Center – Chicago

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