Her husband pawned her jewelry without her knowledge Fatwa No: 123755
- Fatwa Date:18-6-2009
I am writing on behalf of my muslim friend who really wants to lead a pious life. Due to financial problems her husband has taken her jewelleries and pawned without her knowledge. When she got to know she had confronted him and over her anger she had hit him on his hand, which she regrets. Husband is religious in every way other than in the financial matters since he had got played out, he had borrowed money and pawned.
She has not told her parents. What should she do.
Thanks
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger.
If the situation is as you mentioned in the question, that this man disposed of his wife’s jewelry without her permission, then he is wrong. The Prophet said: “A Muslim's property [money] is unlawful unless he gives it with his proper consent.” [Ahmad]
This includes consuming this money or disposing of it in any manner. Therefore, her husband should repent to Allaah and ask her to forgive him, and he should be determined to give her money back to her whenever he becomes able to do so.
On the other hand, if this woman hit her husband while she was conscious of what she was doing and she willingly did so, then she will be accountable for her act. Her hitting him is considered as disobedience to her husband and this is contrary to the fact that he is her protector, so she is obliged to repent to Allaah and ask her husband to forgive her. However, if she hit him while being unconscious of what she was doing and she did not intend to hit him, then she is not held accountable for this act; for more benefit, please refer to Fatwa 87980.
Moreover, it is more appropriate for her not to inform her parents about her husband disposing of her jewelry and her hitting him, and we advise this couple to have a mutual understanding about what can be done about your pawn.
For more benefit, please refer to Fataawa 85308 and 83157.
Allaah Knows best.