The World Federation One Stop Fiqh

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Whose right is to name the property?



I live abroad(a muslim country in gulf). I have 3 kids and it has been 11 years to my marriage. My husband at time of marriage did not work and he made it clear at that time that he is jobless so that later I may not feel bad that I was decieved. His father and my father were college friends and met after long and converted their friendship in relation. I had job and was working before marriage too. After marriage my husband tried diffrent places in Pakistan to work but did not get any. I talked to my parents (my father was a big position officer in govt.) To help me getting a job for him. It worked and he got a job as hot food in a dish plate. By that time i had a child.  After my second child was 19 months, i got a job offer in middle east as i was trying to get better paid job than i was doing in Pakistan. I had to fly alone as per the company rules and later the family would join. It was such a painful time when i had to leave my breast- feeding child to my mom in law. Me elder kid was only 3 years. I was very devastated. The company promised that the family will join on the 7th working day which was a lie only when i came. They also promised that my husband will get a job so my husband resigned from his job in Pakistan. Allah helped me and my family joined me soon on the 9th day with help of a native fellow who saw me crying for my kids. After my family joined life was all set alhamdolillah. I went to work and my hubby was with kids. He did not want to put them with a maid and i agreed to that too. It was a big problem as i had to then look for a work visa for my husband and the expiry date  for visit visa was close. Allah helped again and he was helped with a native here again who provided him work visa for his shop (butcher). My husband is an MBA in marketing and the sponsor didnt force him ever to sit in the shop. Time spent and my husband had issues like being at home all the time when im at work and missing his country etc. After some time a lady started creating problems for me at the workplace which is till today an ongoing activity. But after facing the problms at work place, coming home i had to deal with him as he wanted to go back. Although we visited pakistan every year. One point is to mention here clearly that the job my father had helped me with was a govt project which could have been stopped or continued at anytime. So the project had some problems the employees’ salaries were stopped. Later (when we were still in pakistan) my husband and some other colleagues documented a file in the court for this injustice. They won the case and the members were paid for their salaries. Which was 12 Lakh in Pak rupees for each candidate.  My father in law suggested to buy a land with this money and that when we earn from gulf then start constructing  our own house.  We were here when we came to know that my father in law has chosen a very nice land and asked my husband if he shall continue buying it because he had given the money to father in law. The land was bought after my mom in law name, some of the installments were yet to pay. Which we payed every month from my salary. During this time we visited pakistan every year. This time it was the year when all installments were paid and the land was about to be named after the owner properly. My husband discussed with me in this country that he will name it after me. But when the procedures were completed and they returned home. I came to know that he named it after his name. I was very devastated and sad and we had an argument and fight. I didnt like this because we were living in my brother in law house during summer holidays. And all this happend in front of them. I although started asking him quietly but he shouted loud and made others aware. Cutting into short the land remained after his name. When we came back here he told me that when it was the time to name the land, other men were sitting and he felt little ashamed if he had taken my name. Anyways, we started construction on the land. And whole amount goes from my salary. He doesnt work. My 3rd child is now 4 years old. And he can go to find a job but he says now its too late for him to find one. So dar i had spent 50 lack on the construction of that house. And one day he said the house will be after his name. I said this is wrong. I am the rightful person for the house. He said he has given his 8 years in this land to be with kids. Where will the reward go? I tell him you did not take care of some strangers’ kids but your own. But he is not convinced. I want to seek guidance from you that who is the rightful person the house should be named after? One more fact that my husband listens and watch islamic and quranic videos regularly and shows me the videos where my brother stands responsible for not dividing the taraka after my father expired. Why he can not think in the same way for this issue? He had spent a very lavish life here to which he calls i burnt 8 years here!! Now in this time of pendemic i ask him to find job online or anywhere physically. To this he says that online jobs is not his field and he will see if he gets any opportunity but he has very low desire of getting job he doesnt show that worry that he should earn. On the other hand he loves me and says he will give his life to me but this all had confused me.  In the light of our religion please guide me who is the rightful person to have the house under his/her name? Thanks


Salaamun alaykum sister

Thank you for your question

So islamically you and your husband will get shares from the house according to the amount you put into the land so whoever has spent more money will have more shares.
But just a humble advice, a husband and wife relationship is normally based on trust and love. If there is trust between the two, then it should not matter whether his property is in your name or vice versa.

Zahra Davdani.