Does my husband have the right to t...

Egypt's Dar Al-Ifta

Does my husband have the right to take my salary?

Question

Al Salam Alikum
My question is does a husband have the right to ask his wife to give him her job salary? Would that be still Ok especially if his financial status is very good? What is the ruling?
Previously I used to give him my income that I obtain from teaching and later we had taken Islamic loan to get a flat with a contract that shows that me and him will be the flat owners half by half knowing that all of my income salary is spend to cover the monthly bill for the loan and after that nothing is left from my income? and afterwards I get some expenditure from my husband which do not match half of my income. Don’t you think it is better to pay half of the monthly rent and leave the rest to my husband to pay?

Answer

It is established in Islamic law that both the husband and his wife are financially independent of each other. Al-Darqatuni, Sa’id Ibn Mansur, and Al-Baihaqi narrated through Hiban ibn Abu Jabla that the Prophet said, "Each person has more right to his property than his father, child, and the people at large." This hadith establishes the principle of a person's unrestricted right to dispose of his property [as he wishes].

The ruling

In Islamic law, marriage does not obligate spouses to merge their wealth whether it is liquid money, real estate, shares or otherwise. It is not permissible for either spouse to control the other's financial dispositions by virtue of the marriage contract. Moreover, Islamic law does not give either of them a financial right beyond:

- The obligatory dowry (mahr) owed by the husband to his wife.

- The obligatory financial support owed by the husband to his wife and children from her.

- In the event of divorce, waiting period expenses (nafaqet al-'idda), child support if she is the custodial parent, and in some divorce cases alimony (nafaqt al-mut'ah).

- Money owed by the wife to her husband if she asks for release for payment (khul') if he has not harmed her in any way. In addition to further entitlements they obligate themselves to.
Based on this, a wife is totally financially independent of her husband and the marriage contract in itself does not affect the financial independence of either spouse either by a partial or total merger of finances with exception to the rights and conditions stemming from the marriage contract.
A Muslim wife is financially independent and the husband is not entitled to any of her salary or inheritance nor is he entitled to ask her to share in the household expenses if:
- He explicitly or implicitly permits his wife to go out for permissible work without stipulating that she pay part of her salary in return for his permission or that she leaves her work after marriage.
- The wife's work does not conflict with her family's interests and she does not exploit this right.
It is impressible for the husband to take any of his wife’s salary without her consent because she works and gets paid for it. This is because a marriage contract is a contract of sexual enjoyment and not one of ownership and a wife is not a slave so that her money becomes her husband’s whether she earns it before or after marriage.

 

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