1) Can a lady who is divorced seek 50% of the husband’s wealth and estate as per the law of the state, even though that is not the dowry stated on her marriage contract? In other words, can she act within the boundaries of the legal system since she lives in an area that allows this, even though it is not her dowry? Moreover, since she lives under such a system, would it be implicitly understood that she can pursue legal action as this is the law of the land?
2) The husband of the divorced woman states that he does not have the full amount of the dowry (mu’akhar) and wants to pay it in instalments.
a) Can she hire a legal aid who can order bank statements to see if he truly does not have the funds?
b) If it turns out that he has the funds to pay her dowry, then can she demand the payment in one lump sum?
c) If he refuses, then can she file a lawsuit against him demanding him to pay?
1) From an Islamic perspective, she does not have the right to demand 50% if this is not agreed upon in the marriage contract. As a general rule, it is not permissible to personally enact any law that contradicts Islamic laws. On the other hand, if she invested in the estate from her own money such that her share is 50%, then she owns her share only, irrespective of the divorce.
2) It is not permissible to resort to civil courts unless it was the only means to gain one’s right.