Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

Does a father have a right to the wealth of his son or daughter?

Machine translationRead the Arabic original
The Shaykh : If the guardian (wali) of the daughter whom he married off is the father, then the father has a right over the child, whichever child it is; by the evidence of his saying (peace and blessings be upon him):
You and your wealth belong to your father أنت ومالُك لأبيك
. However, this hadith is not taken in its absolute sense by the scholars of knowledge; by the evidence that if a child dies leaving behind a father and a wife, the father does not possess this wealth, but rather he is a partner in this wealth with his wife and his children. So when the child dies, it means that he left behind wealth, and this wealth that he left behind is his property, not his father's property. So this legal reality, in which there is no disagreement among the scholars of knowledge, led the scholars of knowledge to understand the hadith:
You and your wealth belong to your father أنت ومالُك لأبيك
not in its absolute sense, but rather its meaning is:
You and your wealth belong to your father أنت ومالُك لأبيك
when he needs it. So the amount that he needs, he takes it, even if it is the entire wealth.
So when we know this rule, we return to explaining the answer to the question. If the father marries off his daughter with a mahr (bridal gift) that reaches, for example, one thousand or two thousand, then this wealth, this one thousand or two thousand, is the property of the daughter; because it is her right and her mahr. There is no difference in this wealth being her property whether it reaches her through the path of her mahr or through the path of ... from a brother of hers or a relative of hers; she has acquired it by the ruling of the Shari'ah. So as long as she has acquired it, her father is looked at: if he is in need of some of this wealth or ... all of it, then he has that, and it is his right. But if he is not in need of all of it, nor even a part of it, then it is not permissible for him to take from it, not even a single qirsh, except with her consent. With her consent, she gives out all of her wealth to the farthest people from her; so how can she [give it] to the closest people to her? So the mahr is the right of the daughter; it is not permissible for anyone, absolutely, to take anything from her wealth without her consent, except the father takes from her wealth against her will what he needs of her wealth.

The questioner : Who is the one who estimates ... Professor?

The Shaykh : He is the one who estimates, he is the one who estimates.

The questioner : ... .

The Shaykh : This is a case among many cases in which the legal ruler intervenes, such as ... .
Source www.al-albany.com

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

Similar fatwas