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The question

Does a wife who helped her husband in his business for ten years and was then divorced have the right to claim half of his money or wages, and does the husband have the right to demand from her what he spent on her that was not part of her marital rights?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

It is obligatory to refer to custom (عرف) in assessing the wife's entitlement to wages for her work with her husband. If custom dictates that she works gratuitously, then she has no right to demand any compensation, even if he divorces her. However, if custom dictates that she is entitled to wages, then these must be paid to her. This is what Sheikh 'Ulaish ruled, following his teacher Abu Muhammad al-Amir, who made custom the arbiter in determining whether the work between a father and his children is based on donation or accounting, and this applies to the wife's work with her husband. As for what the husband spends on his wife in excess of her legally prescribed maintenance (نفقتها الشرعية), if it was for the purpose of generosity (توسعة), then there is no return for it. If it was a gift intended as a donation (هبةً بقصد التبرع), then it is not permissible to revoke it. If it was for another purpose, such as a reward (المكافأة), then he may revoke it if the purpose is not achieved.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
104781
Imported
Translation status
Source text, unreviewed
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