Fath al-Rabbani

Benefits: … This is an extremely important issue: a woman cannot dispose of wealth or property without her husband’s permission. Sayyiduna Abu Umamah al-Bahili radi Allahu anhu narrates that the Messenger of Allah sallallahu alayhi wa sallam, in his sermon during the year of the Farewell Pilgrimage, said: “A woman must not spend anything from her husband’s house except with her husband’s permission.” It was asked: “O Messenger of Allah! Not even food?” He sallallahu alayhi wa sallam replied: “That is among our most valuable property.” (Tirmidhi, Ibn Majah) … No woman should spend anything from her husband’s house without his permission. Someone asked: “O Messenger of Allah! Not even to give food to someone?” He sallallahu alayhi wa sallam replied: “Food is among our best (and most valuable) possessions.”

Sayyiduna Wathilah radi Allahu anhu narrates that the Messenger of Allah sallallahu alayhi wa sallam said: “A woman does not have the right to dispose of anything from her wealth except with her husband’s permission.” (Tabarani: 22/83/206, Sahihah: 775) … A woman cannot spend anything from her own wealth without her husband’s permission.

Imam al-Albani rahimahullah writes: This hadith and other ahadith indicating this meaning prove that a woman cannot dispose of even her personal wealth without her husband’s permission. This is also the requirement of Allah’s statement { اَلرِّجَالُ قَوَّامُوْنَ عَلَی النِّسَآئِ}. However, if a husband is a true Muslim, it does not befit him to use this legal ruling as a pretext to oppress his wife and prevent her from such financial dealings that would cause no harm to either of them.

Consider that this ruling is similar to the right a guardian (wali) has over a girl in the matter of marriage: she cannot marry without his permission. But when the guardian prevents her from marrying, the matter becomes one of justice and is brought before the Shari‘ah judge. Similarly, if a husband oppresses his wife and prevents her from making lawful use of her personal wealth, the judge will pave the way for justice between them. Thus, the problem is not with the ruling itself, but with its misuse. (Sahihah: 775)

Shaykh al-Albani rahimahullah further writes: You should know that some of the Salaf acted upon this hadith, as Imam Tahawi clarified in (Sharh al-Ma‘ani: 2/403), and Imam Ibn Hazm mentioned in (al-Muhalla: 8/310-311) the names of Sayyiduna Anas ibn Malik, Sayyiduna Abu Hurayrah, Imam Tawus, Imam Hasan, and Imam Mujahid. He further said: This is also the view of Layth ibn Sa‘d, who did not consider it permissible for a wife to dispose of wealth without her husband’s permission, except for minor things necessary for maintaining family ties or seeking closeness to Allah.

Imam Ibn Hazm mentioned the opinions of other scholars and discussed their evidences. He himself holds the view that a wife may dispose of her personal wealth without her husband’s permission. He presented some authentic ahadith in support of his position, such as the hadith of Sayyiduna Abdullah ibn Abbas radi Allahu anhu, that the Prophet sallallahu alayhi wa sallam, in his Eid sermon, ordered women to give charity, and they complied by placing their rings and bangles, etc., in the garment of Sayyiduna Bilal radi Allahu anhu.

I (al-Albani) say: In the blessed ahadith cited by Ibn Hazm, there is no evidence for his position, because they pertain to specific incidents and do not contradict the other ahadith in this chapter:

Consider the hadith of Sayyiduna Abdullah ibn Abbas radi Allahu anhu, which mentions Eid. It is clear that the women gave charity in compliance with the Prophet’s sallallahu alayhi wa sallam command. If we assume that they did not have their husbands’ permission to give charity, or even that their husbands had forbidden them, then when the Prophet sallallahu alayhi wa sallam gave them a direct command on a specific occasion, they complied with that Prophetic command. Now, can any rational person say that the requirement of the husband’s permission takes precedence over the command of the Prophet sallallahu alayhi wa sallam? The reality is that the Prophet sallallahu alayhi wa sallam did indeed prohibit women from giving charity without their husbands’ permission, but when he sallallahu alayhi wa sallam himself commands them to give charity on a particular occasion, that command takes precedence over the husband’s permission—even though there is no evidence that their husbands had forbidden them.

The reality is that the position adopted by Imam Ibn Hazm may be excused by saying that, in his view, the ahadith which make the wife’s charity and donations conditional on the husband’s permission did not reach the level of authenticity; otherwise, he would have immediately acted upon them, because they contain a specific and additional ruling not found in the ahadith he cited.

However, he declared the hadith of ‘Amr ibn Shu‘ayb from his father … to be defective on the grounds that the written collection (sahifah) is disconnected, whereas according to Imam Ahmad and the majority of hadith scholars, the sahifah of ‘Amr ibn Shu‘ayb is connected.

Then Ibn Hazm said that if this hadith is proven authentic, it should be considered abrogated. This has already been answered, and furthermore, how can a partial (specific) ruling abrogate a general one, or a specific abrogate a general?

Those who desire to conform to the civilizations of the disbelievers and the so-called Muslims who debate women’s rights in Islam are ignorant and heedless of the ahadith that indicate this subject. The reason is not that, from a scholarly perspective, Ibn Hazm’s view is preponderant in their eyes; rather, they wish to bring Islamic guidance closer to Western culture. One aspect of this is that a woman should have independent control over her wealth.

But these poor souls should know that these evidences will not benefit them in the least, because they allow a woman to dispose of even others’ wealth, to marry without the permission of her guardians, and to take confidants and companions. Our Allah has spoken the truth: {وَلَنْ تَرْضٰی عَنْکَ الْیَہُوْدُ وَلَا النَّصَارٰی حَتّٰی تَتَّبِعَ مِلَّتَہُمْ} (Surah al-Baqarah: 120) … The Jews and Christians will never be pleased with you until you follow their religion. (Sahihah: 2571)

Dear readers! Surely you, and especially women, may be surprised by this ruling that a woman cannot dispose of her wealth without her husband’s permission. The reason for this surprise is our environment, where most women have to live in their husbands’ homes as compelled and oppressed individuals. The Prophet sallallahu alayhi wa sallam declared those people the best who are best to their wives. Husbands should, according to the Prophetic command, treat their wives with kindness, create a friendly environment, live together happily, understand each other’s joys and sorrows, and both should value each other’s parents and other relatives. Husbands should also allow their wives some freedom to dispose of their wealth. In such an environment, acting upon these ahadith becomes easy.

Can a woman dispose of her wealth without her husband’s permission or not? In this regard, hadiths 7114 and 7115 are clear in meaning: if a woman wishes to give a gift or the like from her wealth, she should seek her husband’s permission and then do so. However, there is one hadith that is explicit on this matter: that a woman can spend her wealth without her husband’s permission. In Sahih al-Bukhari (2592), it is mentioned that the Prophet’s sallallahu alayhi wa sallam wife Maymunah bint al-Harith freed her slave-girl and did not seek his permission. Then she informed the Prophet sallallahu alayhi wa sallam: “Do you know that I have freed my slave-girl?” He said: “Did you really do that?” She replied: “Yes.” He said: “If you had given her to your maternal uncles, you would have received more reward.”

When, in the face of prohibition, this authentic and explicit hadith indicates that a woman can spend her wealth without her husband’s permission, then this hadith should be interpreted as permissibility, and the prohibition as one of discouragement (not absolute prohibition), so that both types of ahadith are acted upon. Imam al-Bukhari rahimahullah established a chapter on this hadith: “Chapter: A woman giving a gift to someone other than her husband and freeing a slave when she has a husband—it is permissible if she is not foolish.” The point being that a woman can give a gift to someone other than her husband and free a slave, even if she has a husband, as long as she is not foolish. In summary, it is better for a woman to spend her wealth with her husband’s permission, but if she disposes of her wealth without it, it is permissible. (Abdullah Rafiq)