Is it permissible for a woman to dispose of her wealth without her husband's permission, such as giving charity from it?
Machine translationRead the Arabic original
The questioner : Is it permissible for a woman to dispose of her wealth without her husband's permission, such as giving charity from it? And if a woman knows in advance that her husband does not approve of her disposing of her wealth, even if it is for charity, and likewise if she disposes of her jewelry which she bought with her own money without his permission, what is the ruling?
The Shaykh : The ruling is clear in this matter, and it is his saying (peace and blessings be upon him):Sunan Ibn Majah 2388Sahih (Darussalam) This topic was raised during this journey of mine in the gathering of one of our brothers in Riyadh, where some of the distinguished scholars raised it. The question was directed regarding this hadith, so I answered that it is authentic, good in itself, and authentic due to its various chains. And anything that is thought to contradict this hadith is not valid to rely upon or to claim that it contradicts the hadith. We referred to the hadith about women giving charity in rings and earrings and the like, as in the authentic collections. This is answered from many angles, among which is: it is possible that that charity was with the permission of the husband, the husbands of the women. And it is possible that it was after this ruling that came in the first hadith had become established. Therefore, we advise every Muslim woman who is committed to acting according to the Book and the Sunnah not to dispose of her wealth without her husband's permission, because that becomes a cause and reason for stirring up disputes between the spouses, and the outcome of that may be very bad.
And if there is a husband—and I said this in the same gathering—we can imagine a tyrannical, stubborn, unjust husband toward his wife. She can take her case to the Shari'ah court, especially since the Shari'ah court today is for the benefit of women, and more specifically in this issue, all of them issue rulings that a woman can dispose of her wealth without her husband's permission. If she takes the matter to the court and the judge rules that this is an encroachment by the husband on the wife and prevents her from disposing of her wealth, except if the husband sees that she is extravagant. In that case, the judge will prevent her. Even if he adopts the view that the original ruling in this issue is permissibility and the ability to dispose, he will not allow her to dispose of it in a way that leads her to extravagance and squandering of money. Yes.
The questioner : Shaykh, what is the indication of the verse in Surah al-Nisa?
The Shaykh : Yes?
The questioner : The verse in Surah al-Nisa, "If they willingly give you something from it," the saying of Allah, Glorified and Exalted is He:[An-Nisa 4:4] This means that the apparent meaning of the verse is that it is the wife's property and she is free to dispose of it.
The Shaykh : Glory be to Allah, it is as if you graduated from the same school. The issue is not that this wealth is the woman's property; it is hers, and if she dies, her heirs inherit it. The issue is not here, but this is the owned property.
The Shaykh : The ruling is clear in this matter, and it is his saying (peace and blessings be upon him):
It is not permissible for a woman to dispose of her wealth except with her husband's permission
لا يجوز لامرأة أن تتصرف في مالها إلا بإذن زوجهاAnd if there is a husband—and I said this in the same gathering—we can imagine a tyrannical, stubborn, unjust husband toward his wife. She can take her case to the Shari'ah court, especially since the Shari'ah court today is for the benefit of women, and more specifically in this issue, all of them issue rulings that a woman can dispose of her wealth without her husband's permission. If she takes the matter to the court and the judge rules that this is an encroachment by the husband on the wife and prevents her from disposing of her wealth, except if the husband sees that she is extravagant. In that case, the judge will prevent her. Even if he adopts the view that the original ruling in this issue is permissibility and the ability to dispose, he will not allow her to dispose of it in a way that leads her to extravagance and squandering of money. Yes.
The questioner : Shaykh, what is the indication of the verse in Surah al-Nisa?
The Shaykh : Yes?
The questioner : The verse in Surah al-Nisa, "If they willingly give you something from it," the saying of Allah, Glorified and Exalted is He:
But if they give up willingly to you anything of it, then take it in satisfaction and ease.
فإن طبن لكم عن شيء منه نفساً فكلوه هنيئاً مريئاًThe Shaykh : Glory be to Allah, it is as if you graduated from the same school. The issue is not that this wealth is the woman's property; it is hers, and if she dies, her heirs inherit it. The issue is not here, but this is the owned property.