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🚪 Divorce, ʿiddah & rujuk · #166

My former husband says I was nusyuz, so I am not entitled to harta sepencarian. Is that right?

Nusyuz relates to maintenance; harta sepencarian is assessed on contribution. In Act 303, the effect of nusyuz is stated in s.59(2): a wife who is nusyuz is not entitled to maintenance, subject to Hukum Syarak and confirmation by the court. Section 122 lists what is weighed for harta sepencarian: the extent of each party's contribution, debts for joint benefit, and the needs of minor children. Nusyuz is not on that list. This does not mean conduct is never relevant in any case; the court weighs all the facts. For your case, get advice from a Syariah lawyer and do not accept such a claim without checking. See Nusyuz.

Sources

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This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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