Wants to help her father perform Hajj but husband refuses
19-9-2007 | IslamWeb
Question:
good morning I am pharmasist and i did not have moeny to open pharmacy so my husbend pay the moeny and oben it but every thing under my name because he can not oben it , sinc he is not pharmacist and now i can not take any moeny from the pharmacy for example i need to help my father to go to [hajj] he didnot agree . I want to inform you that i finsh my study when i was in my family' s house that means my father pay all the moeny during all my study untill i graduduated as pharmacist. And also my husbend has alot of moeny so he did not need this moeny Also my father's age now is 70 years old and he has 6 sons but all my family did not have moeny and till now he did not go to [ hajj] so i like to help hem to do that. So ineed the islamic suggestion in this case Thank you very much. Plese if it is possible i need the answer in arabic language. Regards
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 
is His slave and Messenger.
You did not clarify to us exactly the terms of the agreement which took place between you and your husband upon which the pharmacy was opened. We do not know whether you agreed with him to work in the pharmacy in return for a determined salary, or that you agreed with him to pay you some money in return for registering the pharmacy on your own name, or that you did this for free. No appropriate answer could be given without knowing the terms of the contract.
In case the contract was about a specified salary in return for your work in the pharmacy, then your husband is obliged to pay you a salary, and you may do whatever you want with your salary. The best thing on which a person may spend his money is in keeping ties with kinship above all the parents.
However, if the agreement was that your husband would pay you some money in return for using your name (in registering the pharmacy) without you working, then the matter is renouncing one's right in return for the money. You have the right to open a pharmacy because you are a pharmacist. Therefore, if you renounce this right for another person in return for money, then the scholars 
differed in opinion about the permissibility of exchanging rights. If we say that this is permissible, and this is the view we adopt here in Islamweb, then the husband is obliged to pay you what you agreed upon because the pharmacy is registered on your name. However, if you volunteered with this, then you are not entitled to anything. Similarly, the husband is not obliged to help his in-laws [the family of his wife] unless he does this out of a good act from him to them. It is reported that the Prophet said: "The best reason for which a man should be honoured is his daughter or sister (i.e. to be one's wife's father or brother.)." [Al-Bayhaqi].
Allaah Knows best.