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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Ruling on a father taking his daughter's mahr or her wealth

Machine translationRead the Arabic original
This message is from one of the female questioners, who says in her message: Your sister in Islam (E. M. Z.), I thank the workers on this program and those who answer the listeners' questions, and I inform you that I am a woman who married and then my husband divorced me and gave me my mahr in gold coins, so my father took it from me, and after that I asked for it, and he says to me: I will not give you this mahr, then I went back to him, and finally he said to me: I will not give it to you until death, and the question about this is: Is zakah obligatory on him, knowing that it is not from me?
Answer: As long as her father took it, the father has the right to take it if she is in a state of sufficiency, or if he is providing for her maintenance, so there is no blame in the wealth her father took, and the wealth is his at that time; because the Messenger (peace and blessings be upon him) said
You and your wealth belong to your fatherأنت ومالك لأبيك
and he (peace and blessings be upon him) said:
The best of your provision is what you earn, and your children are part of what you earn.إن أطيب ما أكلتم من كسبكم، وإن أولادكم من كسبكم
Sunan Ibn Majah 2290Sahih (Darussalam)
So the father has the right to take from the daughter or from the son who is his child, he has the right to take from his wealth what does not harm him, so if he takes from his daughter's wealth what does not harm her, or from his son's wealth what does not harm him, there is no blame in that according to the correct opinion, and if this daughter is harmed by this gold and she is in dire necessity for it, then she can take the matter to the court, and the court will look into it, but if it does not harm her because she is rich without it, or because her father is taking care of her and providing for her, or because her husband is taking care of her and she does not need this wealth, then her father has no blame in that, and it is better for her not to litigate, if that can be achieved without litigation, that is better for the questioner, and if there is a need for litigation, it is better to leave that; because her father has a great right, and dutifulness to him is obligatory, and he may be in need of this wealth, and if she is in a state of sufficiency or can be in a state of sufficiency, then it is better for her and better for her not to litigate.
The presenter: Also, she says: Is it permissible for me to anger my father and take the wealth by force, or not, and you have graciously answered this.
Source binbaz.org.sa

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

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