Fatwa ID: 06437

Answered by: Mufti Muhammad Asadullah Anwar Adam

Question:

The husband does not spend/barely spends on healthcare and cosmetic necessities of his wife and daughters, rather he spends on his siblings. As such, the wife discreetly takes some money from him on a regular basis (eg. Instead of 500$ for the daughter’s tuition, 550$). The daughter is concerned about the nature of this extra money. Wife takes the money and gives it to the daughter (tamlīk). Is the extra money halāl for the daughter?

Side note: the husband had taken 15k from his wife for shared property, but instead bought a property for himself, and refuses to return the money or transfer partial ownership.

In the name of Allah, the Most Gracious, the Most Merciful

Answer:

It is not permissible for a woman to spend her husband’s wealth except with his permission unless he is stingy towards her and her children and does not fulfil his duty towards Allah by spending on their maintenance as obliged. In that case, it is permissible for her to take from his wealth whatever is sufficient for her and her children, on a reasonable basis.

Hind (bint `Utba) said to the Prophet (ﷺ) “Abu Sufyan is a miserly man and I need to take some money of his wealth.” The Prophet (ﷺ) said, “Take reasonably what is sufficient for you and your children. [1]

The husband has no authority over his wife’s wealth, the 15k that was taken needs to be repaid, or partial ownership needs to be transferred if the wife accepts it.

[1][Sahih Bukhari hadith 7180]

Only Allah knows best

Written by Mufti Muhammad Asadullah Anwar Adam

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham