A questioner states that she is a working wife, and her husband, O esteemed Shaykh, insists on taking half of her salary every month, even though he has no need for it.
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The questioner : A questioner states that she is a working wife, and her husband, O esteemed Shaykh, insists on taking half of her salary every month, even though he has no need for it, as his monthly income is large. If she refuses to give him half of her salary, he threatens her with divorce and banishment for her and her children, and he turns her life into hell, in his words, and prevents her from working entirely. So she is forced to give him what he wants to preserve her home and children and out of fear of his threats. She gives him what he wants against her will and without her consent, and she does not forgive him for what he takes from her by force and threat. He also prevents her from disposing of what remains to her unless she gets his permission. The question is: Is he entitled to this according to the Shari'ah? And is she entitled to take from his money without his knowledge with the intention of recovering at least part of what he takes from her? May Allah reward you.
The Shaykh : Praise be to Allah, Lord of the worlds, and may Allah send prayers and blessings upon our Prophet Muhammad, and upon his family and his Companions, and upon those who follow them with excellence until the Day of Judgment.
I say: If there was a condition in the marriage contract that she would continue working without opposition, then she has the right to that condition. It is not permissible for him to take a single qirsh from her, nor to prevent her from working, due to the saying of Allah, Blessed and Exalted is He:[Al-Ma'idah 5:1] and His saying, the Exalted: [Al-Isra 17:34] and the saying of the Prophet (peace and blessings be upon him): and the saying of the Prophet (peace and blessings be upon him): Sunan Ibn Majah 2521Sahih (Darussalam) meaning: And every condition in the Book of Allah is valid.
So if you made it a condition upon him in the marriage contract that he would not prevent you from working, then he has no right to prevent you, and he has no right to take a single qirsh from your salary.
As for if you did not make it a condition upon him, it is known that a woman is the property of her husband, in the sense that he owns all of her time. So she is not allowed to work in a job outside the home except with his permission. And in that case, we say: If you did not make it a condition upon him and you agreed with him that he would have half of the salary and you would have half, or he would have one-third and you would have two-thirds, or he would have two-thirds and you would have one-third, there is no harm. Muslims are bound by their conditions.
But what remains for you from what was conditioned for you, he has no right to prevent you from disposing of it. Dispose of it as you wish. For this reason, the wives of men in the time of the Prophet (peace and blessings be upon him) disposed of their wealth as they wished without referring to their husbands. That is because when the Prophet (peace and blessings be upon him) addressed the women after addressing the men in the Eid prayer, and ordered them to give charity, the women would take from their rings and earrings and throw them to the Prophet (peace and blessings be upon him) through Bilal (may Allah be pleased with him), and he did not say to them: Did you seek permission from your husbands?
The husband has no right whatsoever to the wife's money, neither her salary nor her jewelry nor anything else. She is free in it. And if we suppose that the husband pressured you and threatened you with divorce if you did not do it, meaning if you did not give him something he did not condition upon you in the contract, then he is sinful, and what he takes is haram (forbidden) for him. So let him fear Allah in himself, and let him fear Allah in his family and children.
The Shaykh : Praise be to Allah, Lord of the worlds, and may Allah send prayers and blessings upon our Prophet Muhammad, and upon his family and his Companions, and upon those who follow them with excellence until the Day of Judgment.
I say: If there was a condition in the marriage contract that she would continue working without opposition, then she has the right to that condition. It is not permissible for him to take a single qirsh from her, nor to prevent her from working, due to the saying of Allah, Blessed and Exalted is He:
O you who have believed, fulfill [all] contracts.
يا أيها الذين آمنوا أوفوا بالعقودAnd fulfill [every] commitment. Indeed, the commitment is ever [that about which one will be] questioned.
وأوفوا بالعهد إن العهد كان مسؤولاًMuslims are bound by their conditions, except a condition that makes lawful what is forbidden or makes forbidden what is lawful.
المسلمون على شروطهم إلا شرطاً أحل حلالاً أو حرم حراماًEvery conditions that is not in the Book of Allah (SWT) is invalid
كل شرط ليس في كتاب الله فهو باطلSo if you made it a condition upon him in the marriage contract that he would not prevent you from working, then he has no right to prevent you, and he has no right to take a single qirsh from your salary.
As for if you did not make it a condition upon him, it is known that a woman is the property of her husband, in the sense that he owns all of her time. So she is not allowed to work in a job outside the home except with his permission. And in that case, we say: If you did not make it a condition upon him and you agreed with him that he would have half of the salary and you would have half, or he would have one-third and you would have two-thirds, or he would have two-thirds and you would have one-third, there is no harm. Muslims are bound by their conditions.
But what remains for you from what was conditioned for you, he has no right to prevent you from disposing of it. Dispose of it as you wish. For this reason, the wives of men in the time of the Prophet (peace and blessings be upon him) disposed of their wealth as they wished without referring to their husbands. That is because when the Prophet (peace and blessings be upon him) addressed the women after addressing the men in the Eid prayer, and ordered them to give charity, the women would take from their rings and earrings and throw them to the Prophet (peace and blessings be upon him) through Bilal (may Allah be pleased with him), and he did not say to them: Did you seek permission from your husbands?
The husband has no right whatsoever to the wife's money, neither her salary nor her jewelry nor anything else. She is free in it. And if we suppose that the husband pressured you and threatened you with divorce if you did not do it, meaning if you did not give him something he did not condition upon you in the contract, then he is sinful, and what he takes is haram (forbidden) for him. So let him fear Allah in himself, and let him fear Allah in his family and children.