Ruling on a husband taking from his wife's salary
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Question:
The questioner Abu Mu'awiyah from Amman, Jordan, says in this question: Your Eminence, if a wife is an employee, is the salary she receives her right alone, or does the husband have a share in it? In other words, if her employment results in the husband waiving some of his rights?
So they directed us to this question.
Answer:
The ruling in this matter is based on what they agree upon. If they agree that the husband gets half, or a quarter, or a third, or less, or more, there is no harm., Sunan Ibn Majah 2353Sahih (Darussalam) If they agree that she works as an employee, such as a teacher, a nurse, or a doctor, and they agree that he gets half, or a third, or a quarter, or the entire salary, there is no harm. The right does not extend beyond the two of them.
However, if it was stipulated in the marriage contract, and she stipulated in the contract that her salary is hers, and that she is to be an employee, a teacher, a nurse, a doctor, or otherwise, and that her salary is hers, then if he stipulated this, he has no share in it, no right to it, except for what she allows. This is based on the saying of the Prophet (peace and blessings be upon him): But if she allows something, there is no harm. This is based on the saying of Allah the Exalted: [Al-Nisa: 4] If she is pleased to give up some of her salary, whether little or much, there is no harm. Yes.
The presenter: May Allah reward you with good, O Shaykh.
The questioner Abu Mu'awiyah from Amman, Jordan, says in this question: Your Eminence, if a wife is an employee, is the salary she receives her right alone, or does the husband have a share in it? In other words, if her employment results in the husband waiving some of his rights?
So they directed us to this question.
Answer:
The ruling in this matter is based on what they agree upon. If they agree that the husband gets half, or a quarter, or a third, or less, or more, there is no harm.
Muslims are bound by their conditions
المسلمون على شروطهمReconciling between Muslims is permissible, except reconciliation that forbids something that is allowed, or allows something that is forbidden.
والصلح جائز بين المسلمين إلا صلحًا حرم حلالًا، أو أحل حرامًاHowever, if it was stipulated in the marriage contract, and she stipulated in the contract that her salary is hers, and that she is to be an employee, a teacher, a nurse, a doctor, or otherwise, and that her salary is hers, then if he stipulated this, he has no share in it, no right to it, except for what she allows. This is based on the saying of the Prophet (peace and blessings be upon him):
Muslims are bound by their conditions
المسلمون على شروطهمBut 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 مَرِيئًاThe presenter: May Allah reward you with good, O Shaykh.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.