Wife Disposing Of Her Own Money Without Her Husband's Knowledge
Islamic Rulings -
Living Shariah Verdicts
Islamic Questions & Answers
My sister
works in Saudi and wants to invest part of her salary
in a project on the basis that this money is my money
and she will give me the profits whilst the capital
remains hers, on the basis that I will lend her this
money and she will invest it, but without her
husband's knowledge. Is she or am I doing anything
haraam? Please advise us.
Praise be to Allaah.
There is no
sin on your sister if she gives you money as a loan
for you to invest and benefit from the results on the
basis that the capital will remain your sister's. But
if your sister wants to share the profit with you
whilst she is keeping the capital as is, that is not
permitted, because this comes under the heading of
"every loan that brings benefits is riba." It is not
necessary for her husband to know about your giving
her the money, because the money is her own and he has
no right to any part of it unless she gives it
willingly. Allaah says (interpretation of the
meaning):
"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 Allaah has made it lawful)"
[al-Nisa' 4:4]
But by way of kind treatment and because men are more
experienced and kanowledgeable in matters of business,
our advice is that the husband should be told about
what his wife is doing and how she is disposing of her
wealth.
Shaykh 'Abd-Allaah al-Jibreen said:
The wife owns her wealth and she has the right to
dispose of it. She may give it as gifts, give it in
charity, pay off her debts, give up her rights to
money that she is owed or give up her right to
inheritance to whomever she wants, whether relatives
or others. Her husband has no right to object if she
is mature and of sound mind. Her husband does not have
the right to dispose of any of her wealth except with
her consent. (Fataawa al-Mar'ah al-Muslimah, 2/674).
And Allaah knows best.
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