Wife's rights denied by husband

28-5-2002 | IslamWeb

Question:

I am a married Muslim living with my husband, and his family and I would like to ask about my rights to have my own property. When I got married, my husband's family gave me gold jewelry as a present. A few weeks ago when all the fighting began in filasteen, I made the intention to give the gold a Sadaqa. However, I did not have a chance to go to the Masjid and give it because very often my husband is not able to take me with him to the Masjid. Today, I accidentally hit my brother in laws car when I was backing out of the driveway. I swore to myself that I would pay for the damage out of my own money (the gold is the only money that I have neither I nor my husband work) and I wanted to go sell some of the gold to pay for the damage and still give the rest as Sadaqa. However, my husband will not allow me to sell my gold for either reason and I informed him that it is part of my right as a Muslim woman to sell, buy, or run transactions with my own property. He told me that he knows that it is my right and he willing fully is not going to let me practice it and that he will divorce me if I sell the gold. My husband has no money to fix the car and I want to give my brother in-law his Haqq as soon as possible and still give Sadaqa. Please help me .I have not made my husband give me any of my other rights that just involve me personally and I would like to make him give me this right because it involves a third person. Please help me.

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Answer:

Praise be to Allah, the Lord of the World; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.

A woman has full control over her property if she is sensible and spends her money in lawful areas. Thus, spending her money in good acts is more deserving. The evidence for this point is that the Prophet (Sallallahu Alaihi wa Sallam) ordered women in his well-known sermon to give charity to poor people even if it was their ornaments. Immediately, they acted in pursuance of his order and he approved it. The Prophet (Sallallahu Alaihi wa Sallam) did not enquire of them, whether they had any other property or the permission of their guardians, husbands, or others.
The above mentioned is the opinion of the majority of Muslim scholars. However, we advise you not to take any step that might make your husband angry or lead to conflict between you and him. Know that some scholars, Imam Malik is one of them, believe that a wife should not spend more than one third of her property without the permission of her husband; they also based their opinion on some evidences. To maintain a warm relationship with your husband it is better to get his permission before acting on a matter.
However, your husband does not have any right to hold you back from paying the compensation you are obliged to pay regardless whether it is due to an accident or otherwise, except if he pays the compensation on your behalf, or the concerned person gives up his right.
Allah knows best.