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Saturday, April 11, 2015

Kind Treatment of Spouses, - Dought & clear, - * 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 same.now 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 meaning):
“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.
And Allah knows best.



















- PUBLISHERNajimudeeN M

Kind Treatment of Spouses, - Dought & clear, - * His wife is weak inreligious commitment – what should he do?












I am a young man, thirty years old. Before I got married I was not committed, but now – praise be to Allaah – I have been blessed with guidance. I got married to a girl who graduated from the Faculty of Islamic Studies and I was happy about that because I thought that she would help me to obey Allaah. But after getting to know her, I found out that she is a very ordinary girl and she is not committed at all, and she has many negative qualities, such as:
She cannot denounce any evil action, whether major or minor. Rather she even does some evil actions such as watching TV, gossiping, and doing few acts of worship. But she also has some good qualities, such as being good and patient, and she performs all her wifely duties and takes care of the house.
What upsets me is that I wanted someone who would help me to be more committed by marrying a woman who was religiously committed, but I found that the one who I thought was religiously committed needs someone to help her.
This is my problem. I hope that you can help me find a solution. Thank you very much.
Praise be to Allaah.
The problem that you describe is one that is faced by many young men who thought that their wives could learn and make da’wah, and that they would strive hard in worship and help their husbands to be religiously-committed, no matter how much the husband fell short in that. But in fact the wife cannot be influenced by anybody as much as her husband. So if the husband does not set a good example, the wife’s commitment will soon become weak. This is what usually happens. This does not mean that there are not good situations in which the woman is the example who leads her husband along the path of guidance.
The fact that you have found out that your wife is an ordinary girl does not mean that you have failed, and it should not be a cause of regret. Rather that should be a motive for you to seek the reward for calling her to guidance.
What you have mentioned of her good qualities will help you to achieve that, in sha Allaah.
So you should be the one who calls her, reminds her and advises her… fill her free time with beneficial things such as tapes, books and magazines. Do not give up on rebuking her if she gossips or watches TV, but do that in a gentle, compassionate and loving manner.
Try to make her join an organization for memorization of Qur’aan, or get her to attend public lectures with you, or to form ties with some righteous families. These are the best ways in which you can help your wife to strengthen her faith.
Perhaps what you mention about her not worshipping much is related to your own shortcomings in that regard, or to your neglecting to get her to join in. Try to help her and remind her of the virtue of naafil prayers, the reward for praying qiyaam al-layl and fasting. Do as many of these acts of worship with her as you can.
Be the qawwaam (leader; protector and maintainer) of your wife, prevent her from doing haraam things or doubtful things.
Ask of Allaah, saying,“Our Lord! Bestow on us from our wives and our offspring the comfort of our eyes, and make us leaders of the Muttaqoon (the pious)” [al-Furqaan 25:74 – interpretation of the meaning].
We ask Allaah to set your affairs and the affairs of all the Muslims straight.





















- PUBLISHERNajimudeeN M