Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

Is it permissible for a woman to dispose of her money 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 money without her husband's permission, such as giving charity from it? And if a woman knows in advance that her husband will not agree to her disposing of her money, 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 in this matter is clear; it is the saying of the Prophet (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 تتصرَّف في مالها إلا بإذن زوجها
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 shaykhs raised it. They directed the question 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 regarding women giving charity with rings and some earrings and the like, as in "Sahih"; this is answered from many angles. Among them: it is possible that that charity was given with the permission of the husbands of those women. It is also 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 money 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. 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 full of women! And more specifically in this issue, they all issue fatwas that a woman may dispose of her money 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 ... she may dispose of her money, unless 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 right to dispose of it. But he will not allow her to dispose of it in a way that leads her to extravagance and squandering of money.
Yes.

The questioner : What is the indication of the verse in Surah al-Nisa, O Shaykh?

The Shaykh : Yes?

The questioner : The verse in Surah al-Nisa, 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. فَإِنْ طِبْنَ لَكُمْ عَنْ شَيْءٍ مِنْهُ نَفْسًا فَكُلُوهُ هَنِيئًا مَرِيئًا
[An-Nisa 4:4]
This ... verse indicates that the money is the property of the wife, and she is free to dispose of it.

The Shaykh : It is as if you are graduates from the same school. The research is not that this money is the woman's property; it is her property, and if she dies, her heirs inherit it. That is not the point here. But regarding this property that is hers, is it permissible ... We did not deny that she has the right of ownership, and she may give her money to her husband with her own good will. If the verse related to any person, it would have been possible for the answer to be that she may dispose of it as she wishes. But she disposes of it while with her husband.

The questioner : Zaynab (may Allah be pleased with her) with her husband 'Abdullah, so the Prophet (peace and blessings be upon him) permitted him ... meaning, did ... she give charity to others or give charity to 'Abdullah, which would be more of an etiquette for her, meaning, ... the Prophet (peace and blessings be upon him) that she gives charity to.

The Shaykh : ... Is this charity obligatory or voluntary?

The questioner : Voluntary.

The Shaykh : No, it is obligatory—may Allah forgive you.

The questioner : It is obligatory, yes.
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

Similar fatwas