The maintenance of a woman whose husband is under financial hardship
21-7-2014 | IslamWeb
Question:
Assalamu alaikkum Is it permissible for my husband's father or family to keep the mahar and gold they gave me during my marriage in the locker or with them? If i give my gold to my husband to use or sell for business purpose or personal use, does the husband's father or family have the right to question or shout at me or my husband regarding the gold? Does i have the right in Islam to ask them to give my gold back? can i use or sell the gold my father in law gave to my baby? if my husband is not financially fit, whose then has to fulfill my needs and wants? My parents or my husband's parents?
Answer:
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, sallallaahu ‘alayhi wa sallam, is His slave and messenger.
If the gold was lent to you by your in-laws as to wear it for the husband only, then it is their property and they are entitled to take it back and keep it in their possession. However, if they have given it to you as part of your Mahr or as a gift and you accepted and took possession of it, then it has become your property and in this case your in-laws are not entitled to take it without your consent. Please refer to Fatwa 90720. Hence, you have the right to ask them to give you your gold. You also have the right to dispose of it lawfully the way you like by selling it, offering it as a gift, or the like. In fact, your in-laws have no right to scold you or your husband for disposing of it. Please refer to Fatwa 84252.
You asked, “If my husband is not financially fit, who then has to fulfill my needs and wants? My parents or my husband's parents?” Scholars held different opinions regarding the case when the husband is under strained financial circumstances and unable to maintain his wife - who should shoulder that duty. The Hanafi scholars held that the wife’s Wali (guardian) should provide for her if he is well-off and the husband should pay back that debt (of providing for his wife) after the improvement of his financial situation. It is stated in Al-Jawharah Al-Nayyirah that “if the husband fails to provide for his wife and her brother is well-off, he is obliged to provide for his sister and this is considered a debt to which the husband is liable. He should pay the brother that money later on when his financial situation improves. This is because the husband should maintain his wife and none should shoulder that duty with him.”
The Maaliki scholars, on the other hand, maintained that the husband’s inability to provide for his wife does not waive her Wali’s obligation to maintain her. An-Nafraawi 
wrote, “If a poor mother got married to a poor man, her maintenance dues are not waived (i.e. it is still obligatory on her financially solvent son) … Moreover, Khaleel said: "And it [the maintenance] is not forfeited by him [the close male relative [Wali] marrying her [the poor mother] off to one who is poor. And similar to her is the daughter. If she married a poor man, her father continues to be obliged to provide for her. Thus, if the mother's or the daughter's husband is financially able to provide for her (the mother or the daughter) partially, the son (of the mother) and father (of the daughter) are obliged to provide the rest."” [Al-Fawaakih Ad-Dawaani]
The Shaafi‘i scholars held that the father is not obliged to provide for his daughter in such a case until she gets a marriage annulment because as long as she is married, her husband is obliged to provide her maintenance. Al-Khateeb Ash-Shirbeeni wrote, “If a woman got married, her father is no longer obliged to provide for her; even if the husband is unable to provide her maintenance unless she gets a marriage annulment so that she would not have two sources of maintenance.” [Mughni Al-Muhtaaj]
We have not found an opinion of the Hanbali scholars in this regard.
In case of dispute, you should refer the case to the court for decision, as the judge’s ruling eliminates the (scholarly) disagreement in matters open to Ijtihaad (personal reasoning).
We advise you to handle this issue (of the gold) with your in-laws wisely and beware of rendering this issue a cause of trouble between you in order to avoid undesirable results. Verily, the wife’s good relations with her in-laws are among the causes of achieving marital happiness.
Allaah Knows best.