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Friday, October 19, 2012

Is it permissible for a man to put a house in his ex-wife’s name?

My father divorced my mother irrevocably, and they cannot get back
together. He subjected my mother to all kinds ofinjustice,
humiliation, bad treatment and stinginess. He even betrayed her
physically with more than one woman.
The point is that all of this mistreatment made my mother mentally ill
and she could no longer bear to live with that. Now he has two houses,
one in which my mother and her children live andthe other in which he
lives. The two houses arebuilt of bricks and concrete without
reinforcement, and the roofs are made of wood.The house in which we
live with our mother was not built for us by him; rather it was built
for us by some well-wishers five years after he left us and ran away,
but he is threatening to sell it. Is itpermissible for us, in order to
protect our rights and our mother's rights, to ask him to register
this house in which we live, in return for our mother giving upto him
things that she is entitled to, namely her mahr and the delayed
portion of it, and the maintenance he is obliged to give her for the
rest of her life, giving up all of that in return for him registering
this house in which we live in our name?.
Praise be to Allaah.
It is permissible for your father to put the house asked about in your
mother's name and to make that a pure gift or to do it in return for
what she has of the mahr and the delayed portion, if applicable.
However some things must be borne in mind:
-1-
That your mother is no longer regarded as his wife, so if your father
has another wife, he is not obliged to treat them equally, because she
is no longer his wife.If he does not have another wife, then thereis
nothing to prevent him from giving a house or anything else to his
ex-wife.
-2-
If he wants to put the house in your name, thatis in the name of his
children, if he does not have any children from another wife, then
thereis nothing wrong with him putting it in your name, because a man
may give his children whatever he wants. If hedoes have other
children, then he has to treat them fairly in termsof giving, so if he
gives something to one of them, he has to give the others something
similar. See the answer to questions no. 22169 and 89720
-3-
If your father does not own any part of the house, either the land
orthe structure, and it was built for you by well-wishers, then it is
your property and your father has nothing to do with it.
If the land belonged to your father, then the same applies as stated
above: it is permissible for him to register it in his ex-wife's name
or in his children's names, if he does not have other children, or if
he has other children and he treats all the children fairly in terms
of giving.
We should point out thatit is not permissible to accuse your father of
zina and that this is regarded as slander, so long as you have not
produced four witnessesto that, because Allah, may He be exalted, says
(interpretation of the meaning):
"And those who accuse chaste women, and produce not four witnesses,
flog them with eighty stripes, and reject their testimony forever,
they indeed are the Fasiqoon (liars, rebellious, disobedient to
Allah).
Except those who repentthereafter and do righteous deeds, (for such)
verily, Allah is Oft-Forgiving, Most Merciful."
[an-Noor 24:4-5].
Moreover, the father hasthe right to be treated with kindness and
respect, and to have ties upheld with him, even if he is an evildoer
or wrongdoer.
We ask Allah to set straight the affairs of all the Muslims.
And Allah knows best.

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