Fatwa ID: 02400

Answered by: Mufti Mohammed Tosir Miah

Question:

Is it permissible for wife to keep the jewellery items in her father’s custody or in a bank locker against the wishes of her husband? And is she within her rights to refuse inspection of these items by her husband or his parents, especially when doubts about the safety of these items had got engrossed in their minds due to her suspicious behaviour and frequent demands for divorce?

Answer

بسم الله الرحمن الرحيم

According to Islamic law, woman’s right to her money, estate or other properties is fully acknowledged. This right undergoes no change whether she is single or married. She retains her full rights to buy, sell, mortgage or lease any or all her properties. (Hidayah p.352 v.3)

With regards to your question, if the jewellery exclusively belongs to her then she can do whatever she likes with it. If she wants to give it to her parents to look after it she is fully entitled to do that. Furthermore, she is within her rights to refuse inspection of the jewelleries because it is her property. Although out of respect of the husband she should not have done it if in particular if it displeases the husband. However, if the jewellery was given with a clear statement that it must be returned back to the husband then it would not be permissible for the wife to give it to her parents to look after it. Although from the question it seems as though the first scenario will apply here.

Finally, I would like to finish that it is not permissible for the wife to ask for a divorce without a legitimate reason, because of the hadith narrated by ThawbaanRadiallahuAnhu who said the Prophet of Allah SallallahuAlahiWasalamsaid: “Any woman who asks her husband for a divorce when it is not absolutely necessary, the fragrance of Paradise will be forbidden to her.” (Sunan Abu Dawud,SunanTirmizi&SunanIbnMajah)

Only Allah Knows Best

Mufti Mohammed Tosir Miah

DarulIfta Birmingham.