Thursday, 6 October 2011

Does the husband have the right to dispose of his wife’s money?


I have this close friend whose husband recently got married to a 2nd lady,her co-wife got a child from previous relation,my friend got 2 child from her husband,she gets benifit from government and she spends it on her living costs.her co-wife does the her husband is demanding her benifite transfared on his name because he belives it is not islamic for her to get money from the government strait she should be getting it throw him,but he is not asking for his 2nd wife's benifit to be transfared to his name as a excuse he is saying that she was getting that benifit from before she got into the marriage on this ground he can't ask her.what is correct correct according to islam?.

Praise be to Allaah.

The basic principle concerning any wealth the wife owns is
that it belongs to her and not to her husband, whether this wealth came into
her possession by means of trade or business, or through inheritance, or as
part of her mahr (dowry) or from the state. The husband does not have a
share in any of that; rather it is her property and none of it is
permissible for him unless she gives it to him willingly. If it were the
case that the husband owned his wife’s wealth, then his wife’s entire estate
when she died would go to the husband and no one else would have a share in
it, and that does not happen according to the laws of Allah. 

Based on that, the money that comes to this wife as
assistance for her from the state belongs exclusively to her and it is not
permissible for her husband to take control of it. What he is saying about
Islam not allowing the wife to take anything from the government directly
has no basis in sharee‘ah; men and women are the same in that regard. 

It is not permissible for the husband to take anything from
his wife’s wealth except what she allows. 

Allah, may He be exalted, says (interpretation of the

“O you who believe! Eat not up your property among
yourselves unjustly except it be a trade amongst you, by mutual consent”

[an-Nisa’ 4:29]

“And give to the women (whom you marry) their Mahr
(obligatory bridal money given by the husband to his wife at the time of
marriage) with a good heart, but if they, of their own good pleasure, remit
any part of it to you, take it, and enjoy it without fear of any harm (as
Allah has made it lawful).”

[an-Nisa’ 4:4]. 

In the answer to question no. 3054 we have discussed the
evidence from the Qur’aan and Sunnah and scholarly consensus that proves
that the husband is obliged to spend on his wife according to his means; he
does not have the right to force her to spend on her own maintenance even if
she is rich, unless she agrees to that. 

For more information on the issue of the wife’s salary,
please see the answer to question no.

And Allah knows best.

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