Muslim Marriage Community Of Property

In terms of muslim law the system of community of property is not recognised as the default principle as it is in civil law.

Muslim marriage community of property.

While community property is not created unless there is a marriage under state law it is possible co habitants to own their property equally if they have an agreement to do so. In addition a marriage officer may not marry any person who is already in another marriage even if that marriage is not registered in terms of the marriage act. Personal laws of any community cannot claim supremacy over the rights granted to individuals by the constitution the court said. In modern times the marriage contract is signed in the presence of an islamic judge imam or trusted community elder who is familiar with islamic law.

This means that the marriage will be in community of property unless the spouses entered into an antenuptial agreement excluding the community of property regime with or without accrual. There is no concept of community property or other methods of property division in islamic law. Instead muslim marriages are deemed to be marriages out of community of property excluding the accrual system. What this basically means is that at the time of dissolution of the marriage the principle which applies is that of what is yours is yours and what is mine is mine.

In community of property out of community of property or out of community with accrual. A muslim marriage is the same as a civil union in terms of the marriage act. As far as the division of property goes a hindu woman is the joint co owner of her husband s residential property even if the property is not in her name. In islam marriage is considered both a social agreement and a legal contract.

There are three types of marriages i e. The process of signing the contract is usually a private affair involving only the immediate families of the bride and groom. All these types of marriages do not allow for polygynous though the courts have removed some of the unconstitutional consequences against muslim women on a piecemeal and limited basis the default position remains one of exclusion and marginalisation. Marriage in islam is what controls the right to inheritance the legal status of the marriage under state law is irrelevant for islamic purposes.

Upon divorce she is entitled to get the 50. This means that the marriage will be in community of property unless the spouses enter into an antenuptial agreement.