This research study addresses the perspective of Islamic jurisprudence on the right established for a wife in her husband’s property that is disputed by them both, especially after termination of their marital relationship. The research problem lies in that many women, upon their separation from their husbands, believe that their husbands’ financial welfare was only a result of their own assistance in undertaking marital responsibilities. This research study attempts to answer the question raised in such cases: What are the rights established for women against their husband in case they claim so?. The study seeks to highlight the objectives of the Shar?‘?h behind marriage and legalization of divorce, and to illustrate the established as a woman’s right in her husband’s property which she should have shared with him or substituted him in managing, through different considerations. The significance of the study lies in the emergent need for investigating it due to contemporary occurrences. This study builds on a descriptive and deductive comparative approach, along with a referential and applied method based on the juristic maxims and Shar?‘?h objectives, drawing only on preponderant legal opinions; outweighed views and their proofs are not mentioned in this study.

This research paper discusses the jurisprudence of reality and the reality of legalizing matrimonial property, along with expected familial problems upon application of matrimonial property. It concludes that it is prohibited to legalize or codify matrimonial property. The necessity of establishing research centers that follow the fatwa institutions or academies. It is no longer sufficient for understanding reality to follow up on social, historical, political, and possibly economic and medical studies subject to jurisprudence research. Rather, it has gone beyond that into the necessity of engaging realistic critical study.

There are rising voices at present calling for the wife’s sharing ownership of her husband’s property that is earned during their marital relationship, on the premise that such property is earned due to the mutual effort of both spouses, with the wife carrying out house chores and thus allowing the husband time to work, or with both having jobs and contributing to the welfare of the family and maximizing their property. Some countries legalized such matrimonial property, binding the husband to share with his wife whatever he earns during their marital relationship. In this study, I examined the corroborating proofs of such a stance and concluded that each spouse is independent in terms of ownership, wealth, income, and disposal. I also concluded that financial transactions between the spouses are liable to legal rulings on financial transactions in general and that if the two spouses dispute the ownership of any property, the claimant is bound to prove the validity of such a claim.

This study examines the issue of matrimonial property when a spouse claims a share of the other's wealth in cases of divorce, death, or husband's second marriage. That is different from other rights entailed by the marriage contract like nafaqah (alimony), mut‘ah (post-divorce gift) and both prompt and deferred parts of the dower (muqaddam al-?adaq wa mu'akharuh). Studying this issue in light of ‘urf (custom), al-ma??lih al-mursalah (public interest) and al-m'?l?t (consequences), I found that these types of evidence or Ijtihad instruments do not establish this financial right for any one of the spouses. The financial rights secured by Shari‘ah during spouses' life by virtue of the marriage contract, or after they pass away through inheritance, are not matched by any positive law. Therefore, Muslims do not need such legislations that do not bring any real interest for spouses but rather result in numerous harms.