Fairness in Divorce: Imām Alī’s Rule on Shared Belongings

In the Majmūʿ al-Fiqh of Imām Zayd ibnʿAlī ibn al-Ḥusayn (d. 122 AH / 740 CE), under the Chapter of Judgment (Bāb al-Qaḍāʾ), a report is recorded about how Imām ʿAlī (peace be upon him) ruled in cases of divorce when a couple disputed over household belongings.

Ḥadīth 419 — narrated by Zayd ibn ʿAlī, from his father, from his grandfather, from ʿAlī (peace be upon him):

“If a man divorces his wife and they dispute over household items, ʿAlī (peace be upon him) ruled: what is usually for men belongs to the man, and what is usually for women belongs to the woman, and what is used by both is divided equally between them.”

This ruling highlights Imām ʿAlī’s emphasis on fairness and practicality: possessions are assigned based on customary use, and items shared by both are split equally. It reflects a balance between rights, custom, and justice in resolving domestic disputes.