Most-asked question
How does community of property affect a Muslim estate?
12 fatawa in the archive answer questions on this, from 5 South African Darul Iftas (AskImam, Mufti Online, Jamiat KZN, Azaadville, Ibn Masood). Below, each Darul Ifta’s answer is quoted word for word from the opening of one of its fatawa.
Based on the fatawa linked below. Please read the sources and double-check with a Darul Ifta for your situation.
Consult a mufti for your situation. Fatawa SA is a read-only archive and issues no rulings of its own.
What the Darul Iftas say
“Marrying in a COP contract (community of property) is impermissible in Islam as it contravenes the Islamic laws of inheritance. You should immediately try to change your marriage contract to an ANC contract (Ante Nuptial Contract excluding the accrual system) which does not oppose the laws of Shari'ah.”
“According to our understanding, in Community of Property marriage, both husband and wife equally share the risk and benefits of a joint estate. In fact, their estate will be regarded as one joint estate and each one of them will own an undivided or indivisible share of the joint estate.”
“The ‘Community of Property’ matrimonial regime is not recognized in Islamic Law. In the Shari’ah, ownership is established for each person individually by default. Such ownership is transferred or shared through specific juristic acts or events.”
“In South Africa, legally marriage is considered to be in Community of Property, unless one has an Ante-Nuptial Contract. Community of Property means that both the estates of the husband and wife are combined, and each then owns half.”
Quotes are the opening words of each answer as published; the full answer, its conditions and references are on the fatwa page. Answers depend on the exact details of each question.
Read the fatawa
- (COP) Community of Property And Distribution Of An Estate Azaadville · 4 May 2023
- Attending the funeral of ANC activist Ibn Masood · 28 Jul 2022
- Resolving a Community of Property estate? Jamiat KZN · 31 Mar 2014
- Is getting an ante nuptial the only way to keep my property solely owned by myself upon marriage? AskImam · 23 Jul 2013
- Marrying in community of property Mufti Online · 11 May 2013
- In South Africa can we get married with an ANC with Accrual? If not why not. AskImam · 19 Apr 2001
- Married in community of property Mufti Online · 17 Jan 2017
- Slmz - if a couple has been married in court (ANC agreement) and islamically, and only divorced islamically, what are the consequences not having the marraige annulled legally? AskImam · 6 Jul 2012
- Dissolving an ante-nuptial contract Mufti Online · 1 Jan 2015
- I am married in "community of property".Is it permissable in Islam. If not why and what can I do to change it? Jazakallah. AskImam · 11 Dec 2001
- Divorcing in court because one was married in community of property Mufti Online · 6 May 2013
- In order to fulfil Islamic and South African law, what type of contract should be drawn up, i.e ANC or community of property, between a husband and wife? AskImam · 2 Oct 2002
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