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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].
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