❀ Ruling on Helping Wife and Children from Zakat When Husband Neglects Their Maintenance ❀
Question:
If a man is a lawyer earning around one and a half lakh rupees per month but still does not spend on his wife and children, even keeping aid given by the wife’s relatives for himself—can the wife and children be helped through Zakat funds in such a case, considering the wife possesses approximately one tola of gold?
Answer by Fadhilat al-Shaykh ʿAbd al-Wakeel Nasir ḥafiẓahullāh:
➊ Permission to Help in a Limited Capacity Through Zakat:
It is permissible to help with Zakat to a limited extent, but this issue requires great caution.
Cases like this often involve schemes and deceit, as some people intentionally neglect their duties to become eligible for Zakat-based assistance.
➋ Need to Guard Against Possible Manipulation:
There are instances where the husband intentionally withholds financial support for his wife and children, seeking to benefit from Zakat or other assistance.
In some cases, both spouses may be involved in such manipulation, while in other instances, the wife may genuinely be oppressed and deserving of help.
➌ Temporary Assistance Approach:
If the wife is truly oppressed and has no other means of support at the moment, temporary assistance from Zakat can be provided.
However, it is crucial to address the matter through mutual understanding, involving a family meeting or elders to resolve the issue constructively.
➍ Issue of the Wife Possessing One Tola of Gold:
If the wife possesses only one tola of gold and has no other income or assets, she may be eligible to receive Zakat.
This is because one tola of gold (which is below the Nisab) does not disqualify her from Zakat eligibility.
Nonetheless, it is preferable to resolve this matter at the family level to ensure the rights of the wife and children are upheld.
✔ Summary:
◈ It is permissible to help the wife and children with Zakat in a limited scope, ensuring the situation is not a result of deliberate manipulation.
◈ Efforts should be made to resolve the issue through discussion and understanding, so the husband fulfills his Islamic obligations.
◈ If the wife owns only one tola of gold, she can be considered eligible for Zakat.
