Is my husband entitled to a share of the child benefits and tax credits, and anything purchased from them during my lifetime and after my death ?

Fatawa Question

Is my husband entitled to a share of the child benefits and tax credits, and anything purchased from them during my lifetime and after my death ? I am in the process of making a Shariah Will. I would like to clarify some matters before finalising the will. I live in the United Kingdom. My situation is that I am married with 4 children, Alhamdulillah. My first child is from another marriage. I bought my property solely from my work wages, maintenance for my first child and other benefits e.g. child benefit, child tax credit and working tax credit. My husband did not contribute at all whilst purchasing the house ; neither did he contribute towards the renovation, loft conversion, buying furniture and appliances. This house was bought mortgage free. The car we own is in my name and it was bought from my wages and my father contributed towards it. I also have a substantial amount of money in my bank account made from my work wages and the children government benefits as stated above. When I bought my property, my husband included his name in the title deed without my consent ; I did not say anything as I did not want to hurt his feelings. My husband’s argument is that he was looking after the 2 children for 3 and a half years when I went to work. I am currently on career break for my fourth child and has always worked part-time (school hours only) so I can be at home when my children returns home from school. My husband did not have a job then as he is from abroad and was unable to find a job whereas I was already in a well-paid job when married to him. He says that he should receive all of the children’s government benefits and my first child’s maintenance monies. My questions are : 1. According to Sharia, does my husband have a share in the property ? 2. Was my husband correct in including his name in the property ? 3. Am I allowed to keep and use my children’s benefit monies on us (i.e. taking them on holiday etc.) or do I need to give them to my husband ? 4. Do I need to give my first child’s maintenance monies to my husband ? 5. 1. After my deceased, according to Shariah, would my husband be entitled to a share in the property which was brought from my work wages and from my children’s benefit money and child maintenance money ? 2. If yes, would it be one quarter share of the full value of the property or will he have a share in more than half of the property (three quarter) as his name is on the title deed ? 6. Will he have a quarter share from my bank savings made from my work wages and my children’s monies, bearing in mind that he has not contributed anything ? 7. If he is entitled to a share, then how to distribute it as the children’s government monies is also in the property and in my bank account ? 8. My concern is that, after my deceased, if my husband gets re-married, I do not want his wife or the children he has had from that marriage to have any share in the property that was from my wages and my children’s monies as he did not contribute a penny. I also heard that his parents would have a share in his estate too (if alive). I worked very hard to accumulate all of the above for my children purchased and did not spend much on myself. I want my children to inherit all the above (apart from bequest to Muslim charities) as there was no contribution from my husband. Is this permissible in Shariah ? 9. The other concern is that I do not want my husband to have to leave the property either until he is deceased. I would like for him to be able to live in the property, should he wish to do so, until he is deceased then for my children only to inherit the property. Is this allowed in Shariah ? My husband has a substantial amount of savings which he has invested abroad and is under his brother’s name. Please inform me whether the above mentioned is permissible in Shariah. If not, how can I make the will according to Shariah bearing my children full interest in mind. I am so confused.

Fatwa

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Publisher

al-Qalam Shariah Scholar Panel

Publication Date

2011-12-23

Country of Publication

United Kingdom

Main Subjects

Economics & Business Administration
Islamic Studies

Topics

• Mothers
• Husbands

No. of Pages

1

Data Type

Fatawa

Language

English

Record ID

BIM-727128

• APA
• MLA
• AMA