request no. 797 for the year 2004 which includes

the following:
What is the ruling for the registry of furniture known as 'registry of marital effects'. It has been said that this is an innovation in religion with no basis in Islam and that the practice must be abandoned.

 

Islamic law has established rights for women — financial, moral, and others. It granted her financial independence and prescribed for her a marriage dowry (which she is free to dispose of as she wishes) and inheritance. She is entitled to buy and sell, give and receive gifts, and engage in other forms of financial transactions. Allah Almighty says,And give the women (on marriage) their dower as an obligation; but if they, of their own good pleasure, remit any part of it to you, take it and enjoy it with right good cheer. [An-Nisaa`: 4]

Also (prohibited are) women already married, except those whom your right hand possess: Thus hath Allah ordained (prohibitions) against you: Except for these, all others are lawful, provided ye seek (them in marriage) with gifts from your property, --desiring chastity, not fornication. Give them their dowery for the enjoyment you have of them as a duty; but if, after a dower is prescribed, ye agree mutually (to vary it), there is no blame on you, and Allah is All-knowing, All-wise. [An-Nisaa`: 24]

A woman whose marriage has been consummated is entitled to exclusive ownership of her household furnishings if she has furnished her marital house from the advanced portion of her dowry, whether she received it in the form of cash or furnishings. But if the marriage has not been consummated, she is [only] entitled to half of the household furnishings by virtue of the marriage contract as expressed in primary texts.

Household furnishings are usually placed in the marital house which the husband either owns or rents and therefore, they are under the his control. Due to diminishing consciences and the increase in spousal rights violations, it was deemed necessary to institute [the concept of] an 'inventory of household effects' to guarantee a woman's rights in the event of marital discord. This has become a customary practice in the community.

Customs are one of the sources of Islamic legislation provided they are consistent with the Qur`an, Sunnah, ijma' (scholarly consensus), and qiyas (analogy). This is because there is no room for ijtihad (independent interpretation) in the existence of a text and because of the words of the Prophet who said, "What Muslims deem good, is good in the eyes of Allah and what Muslims deem offensive, is offensive in the eyes of Allah Almighty" [Ahmed]. There is no objection to writing a registry of furniture since it not an offensive practice but rather a good one.
Allah the Almighty knows best.