Question Summary:
I am currently going through a divorce with my wife which is a very unfortunate situation but such is life…

Question Detail:

I have a question that I need your assistance with. I am currently going through a divorce with my wife which is a very unfortunate situation but such is life. I hope that things work out for the best for both of us ameen.
 
We got married in Karachi, Pakistan and based on our ceremonies we had a Haq Mehr of about US$9000 for her in our marriage. Now with my impending divorce my wife has decided to do the western way and is asking for half of everything I own and have worked hard for. We are currently in negotiations but what is interesting is that she is also asking for her Haq Mehr as part of the settlement. I understand what the meaning of Haq Mehr is and that it is my responsibility of mine and I have no problem to it but the problem that is happening is that she wants the American settlement as well as the Haq Mahr as part of her final settlement
 
From what I have read and understood she can have either the Islamic Shariah divorce or the American not a mix of both so she can try to benefit to her desire. Since you are the expert in these areas your assistance would be highly appreciated.
I need to submit documentaion to the court and her lawyer with regards to this as proof that you cannot have an American divorce and also ask for Shariah demands. If you can elaborate on this request I would apprecaite all your assistance

Answer :

In the name of Allah, Most Gracious, Most Merciful
Assalaamu `alaykum waRahmatullahi Wabarakatoh
According to Shariah, the ownership defined and specific. No one may claim partnership in another person’s property without them contracting into a bona fide transaction or a partnership agreement. Therefore, the contract of Community of Property is un-Islamic.  
The wife is therefore not entitled to any portion of the husband’s assets unless she entered into a valid partnership agreement with her husband.  
Secondly, the Mehr is a debt upon the husband. The husband is obliged to pay the Mehr to the wife.
If your wife is successful in her claim of acquiring 50 % of your assets through the Community of Property agreement, the amount taken by her will be considered as Ghasab (usurpation). The rule of Ghasb is that the 50 % taken away by her will be a debt upon her to you. You may then deduct the Mehr from the 50 % she has taken (debt) and she will still owe you the remainder.
And Allah knows best
Wassalam
Mufti Mohammad Zakariyyah Desai,
Checked and Approved by:
Mufti Ebrahim Desai
Darul Iftaa, Madrassah In'aamiyyah