Thursday 30 June 2011

Her husband takes her salary; does she have the right to take from him what she is entitled to without his knowing?

Her husband takes her salary; does she have the right to take from him what she is entitled to without his knowing?
I am working but all my salary is with my husband.He provides me with all the needs .I have no complaints about that.He even gives me a very small amount of pocket money after a lot of requests every month.But he refuses ti give me more thatn that.


I would like to ask can i take from him without his knowledge some money very little amount because i feel he is unjust to me.If i have to give my relatives or my parents who are in need or gifts to my friends i feel very helpless i cant help them because he does not like it but i want to .


I dont want to cheat him even though i feel i have equal rights over not only my money but his money also but sometimes i dont understand why he does not give me money.


I dont want arguements in my house for money thats why i dont want to ask him anymore.


Please help.


I am not taking it for any wrong things.

 

Praise be to Allaah.

Firstly: 

It is not permissible for the wife to take anything from her
husband’s wealth except with his permission, unless he is stingy with her in
spending what he is obliged to spend. In that case it is permissible for her
to take what is sufficient for her and her children, on a reasonable basis,
because of the report narrated by al-Bukhaari (5364) from ‘Aa’ishah (may
Allah be pleased with her), which says that Hind bint ‘Utbah (may Allah be
pleased with her) said: O Messenger of Allah, Abu Sufyaan is a stingy man
and does not give me enough for me and my children, unless I take from him
without him knowing. He said: “Take what is sufficient for you and your
children on a reasonable basis.” 

For more information please see the answer to question no.
20433. 

Secondly: 

Whatever salary a woman receives is her property, which she
may dispose of however she wants, and she does not have to give any of it to
her husband or to contribute to household expenses with her husband. Rather
spending on the wife and children is obligatory upon her husband, even if
the wife is rich, unless he stipulated that she should contribute to the
household expenses or if it is the custom that a working woman must
contribute to the household expenses. 

For more information please see the answer to question no.
126316 and
4037. 

Thirdly: 

If the husband did not stipulate in the marriage contract
that he would take some of his wife’s salary in return for giving her
permission to work, then it is not permissible for him to take anything from
her salary, unless she gives it willingly. If he does take something from it
then he is taking something to which he is not entitled, and in this case it
is permissible for the woman to take what she is entitled to from his wealth
without him knowing.  

Shaykh al-Shanqeeti (may Allah have mercy on him) said: If
someone wrongs you by taking some of your wealth in an illegitimate fashion
and you cannot prove it, and you can take similar to what he took from you
wrongfully in a manner that is safe from scandal and punishment, do you have
the right to take as much as you are entitled or not? 

According to the more correct of the two opinions and
according to the apparent meaning of the texts, and by analogy, that you may
take as much as you are entitled to and no more, because Allah says
(interpretation of the meaning):

“then punish them with the like of that with which you
were afflicted”

[al-Nahl 16:126]

“you transgress likewise against him”

[al-Baqarah 2:194]. 

Among the scholars who held this view were: Ibn Sireen,
Ibraaheem al-Nakha‘i, Sufyaan, Mujaahid and others. 

A group of scholars -- including Maalik -- said that that is
not permissible. This is the view of Khaleel ibn Ishaaq al-Maaliki in
Mukhtasar, where he says concerning an item that is deposited with
someone as a trust: He does not have the right to take anything from the one
who wronged him equivalent to what he deposited with him. He quoted as
evidence for that view a hadeeth that says: “Render the trust back to the
one who entrusted it to you, and do not betray the one who betrays you.” 

This hadeeth -- even if we assume that it is saheeh -- cannot
be quoted as evidence in this case, because the one who takes as much as he
is entitled to and no more has not betrayed the one who betrayed him; rather
he has got his fair dues from the one who wronged him.

End quote from Adwa’ al-Bayaan
(2/467) 

This is the ruling on this action, but it should be noted
that each spouse should treat the other in a kind and reasonable manner, and
each should give up some of his or her rights to the other, so that good
treatment between them may continue. 

And Allah knows best.

 

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