Please assist with the Shariah requirements in the scenario below as to the duties to be fulfilled by both the husband and wife. Shukran
A man has separated from his wife in September 2008 and has not been near her since. she had requested that he divorce her as their married life had endured many problems. They have two female children aged 11 and 14. they were married in community of property as well and are joint owners of a property. the bulk of the deposit for the property was paid by the man but the income in the last 15 years which paid for the balance , maintained and upgraded the property were due in main to a business derived from the expertise of the woman.
The man now wishes to give Talaaq and end the marriage. He also wishes to finalise the divorce in the courts but both do not want to employ lawyers as this would reduce the amount they receive in settlement. The points raised below are hindering this process as they cannot agree on the execution:
1) there is a personal debt that is due to a third person that will need to be deducted from any settlement amount first.
2) the man has requested that the balance of the monies must be split in two but on condition that two properties are bought – in the names of the daughters. the man says that if the woman remarries then his daughters could lose out on their share.
3) the wife says that the house proceeds are the work and Rozi of them both and should be split between the adults only. it should be theirs to invest and dispense with as they see fit.
4) the man does not want to sign papers if this is not done and is prepared to rather go through legal means as he does have an alternate family income. the wife is not working at the moment but has retained custody of both the girls.
the assistance i require is in determining the following:
1) how should the property be split once sold? as it is not solely the property of the man does the woman still have a right to an equal share of it?
2) does the property have to be transferred into the daughters names?
3) how would maintenance be determined and what would it include? if the woman has a property and has custody of the girls what portion would the man be required to pay?
4) are there any stipulations once all the joint estate is split up as to whether anything is to be automatically bequeathed to the girls?
5) is the custdy of the girls with their mother to be indefinite or should there be a transfer?
i realise that there is some duplication of facts – maaf if i have caused confusion. please contact me with regards any clarification of the above details.
i will await your reply. shukran for your assistance and consideration.