400. Can Husband Take From His Wife’s Money

By Asma bint Shameem  

A woman is *NOT “obligated”* to give anything of her salary or her own money to her husband or contribute anything to support the household expenses. 

A woman’s money is hers. 

And no one has the right to it except her own self. 

That’s one of the basic rights that Islaam has given women, along with her right to inherit, own property, run her own business, vote, etc. 

And that’s what distinguishes Islaam from others religions. 

But if she does decide to contribute to the household expenses or anything else for that matter, out of the goodness of her heart, without any compulsion, then that would count as sadaqah on her behalf and a gesture of goodwill. 

And a means of rewards for her from Allaah Subhaanahu wa Ta’aala. 

That’s because it’s the MAN’s responsibility to provide for his wife and family. And NOT the wife’s. 

The MEN are supposed to support the wife financially and spend on them in the mahr and on their maintenance, food, shelter, clothing etc. 

Allaah says:

“Men are the protectors and maintainers of women, because Allaah has made one of them to excel the other, and because they *spend (to support them) from their means.*” [al-Nisa 4:34]. 

It’s an OBLIGATION placed on the husband by Allaah Subhaanahu wa Ta’aala Himself. 

Allaah says:

”the father of the child shall bear the cost of the mothers food and clothing on a reasonable basis. 

No person shall have a burden laid on him greater than he can bear.” [al-Baqarah 2:233]

And Allaah says to the MEN:

”And if they are pregnant, then spend on them till they deliver.” [al-Talaaq 65:6]

 The Prophet sal Allaahu Alayhi wa sallam said in his Farewell Sermon: 

“Fear Allaah with regard to women, for they are your prisoners. 

You have taken them as a trust from Allaah, and they have become permissible to you by the word of Allaah, and they have the RIGHT to be FED and CLOTHED reasonably by you.“ (Muslim, 8/183).

Being supported financially by her husband is one of the BASIC RIGHTS of the wife.  

Muaawiyah ibn Haydah radhi Allaahu anhu said: 

“I said, O Messenger of Allaah, what is the right of the wife of any one of us over us? 

He said: That you should FEED her as you feed yourself and CLOTHE her as you clothe yourself, that you should not say to her May Allaah make your face ugly! and that you should not beat her.”

(Abu Dawood, 2/244; Ibn Maajah, 1850; Ahmad, 4/446).

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Shaykh ibn al-‘Uthaymeen said:

“The husband is OBLIGED to spend upon his family, upon his wife and children, on a reasonable basis, *even if the wife is rich*.

Yet he has NO RIGHT to TAKE ANYTHING from her salary, not half and not more or less. 

The salary is HERS, so long as it was stipulated in the marriage contract that he should not prevent her from teaching and he agreed to that. 

So he does not have the right to take anything from her salary; it is HERS.“ [Sharh Riyadh as-Saliheen (6/143, 144)]

*So if he’s obliged to spend on her, how can he take from her money?*

The scholars said:

“The basic principle concerning any wealth the wife owns is that it belongs to HER and not to her husband, whether this wealth came into her possession by means of trade or business, or through inheritance, or as part of her mahr (dowry) or from the state. 

The husband does not have a share in any of that; rather it is her property and none of it is permissible for him unless she gives it to him willingly. 

If it were the case that the husband owned his wife’s wealth, then his wife’s entire estate when she died would go to the husband and no one else would have a share in it, and that does not happen according to the laws of Allaah. 

Based on that, the money that comes to this wife as assistance for her from the state belongs exclusively to her and it is not permissible for her husband to take control of it. 

It is not permissible for the husband to take anything from his wife’s wealth except what she allows. 

Allaah, may He be exalted, says:

“O you who believe! Eat not up your property among yourselves unjustly except it be a trade amongst you, by mutual consent” [an-Nisa 4:29]

“And give to the women (whom you marry) their Mahr (obligatory bridal money given by the husband to his wife at the time of marriage) with a good heart, but *if they, of their own good pleasure, remit any part of it to you*, take it, and enjoy it without fear of any harm (as Allah has made it lawful).” [an-Nisa 4:4]. 

We have discussed the evidence from the Quran and Sunnah and scholarly consensus that proves that the husband is obliged to spend on his wife according to his means; he does not have the right to force her to spend on her own maintenance even if she is rich, unless she agrees to that.” 

(Islamqa Fatwa # 163541)

And Allaah knows best