Division Of Joint Property Between Spouses In Islamic Jurisprudence And The Laws Of Some Arab Countries

Abstract

In some Arab and Islamic countries, a financial system is held and applied between the couple. This system, known as the joint financial system between a couple, is applied in some Arab and Islamic countries. The couple during marriage life often acquire a lot of money. As a result of the husband's work only outside the house and wife’s is a homemaker, or as a result of the wife’s work only outside the house. and it happens that the spouses agree and share, the money resulting from their work and this matter may be based on an agreement between them to share the common funds and there may not be an agreement between them, and with the absence of the concept of financial participation between the spouses, the problem arises in the case of financial participation between them Without specifying the share of each party, and the problem also arises in the case of joint participation between spouses and without agreement, The main objective of this paper is to define the concept of the joint property system and to clarify the Fiqh and legal rulings concerning the joint finance whether or not there is an Existing Agreement, for this the researcher relied on the analytical approach with reference to the sources and scientific references, and the paper concluded with results, including: that participation is a set of rules agreed upon between spouses, which regulate the ownership of joint wealth between couple and the share of both spouses from it, and its ruling In jurisprudence, some jurists have permitted the spouses to share in what they earn from money and others forbid it. As for the position of the laws, they differed among themselves in terms of determining the type of joint money and the obligation of the spouses to participate or not, and in the case of their agreement without specifying their share, the judge is free to estimate, with the help of the expert’s opinion to determine The share of each of them, and in the event of disagreement, some Arab laws stipulate referring to the general rules of evidence.