Husband is not entitled to take wife's money without her consent
Fatwa No: 303925

  • Fatwa Date:24-8-2015 - Thul-Qi'dah 10, 1436
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Question

Salam Alaikum, I am student from Iraq, I am studying here in foreign country alone, then from 7 months I have married from palestine student here (with acceptance from my father and all my family). we married in Mosque Islamic marriage. then I know that I must make official marriage because the country here not accepted Mosque marriage .this official one here is so so difficult (I have discover that my husband know this before marriage , I asked him why he did not say this before he says he want to marry me very fast) I says alhamdulillah, allah will help me to proof my marriage officially.But after first week my husband ask me to give him all my information (bank and emails everything), then he start to treated me very badly disrespect and insulting me for anything I do or not do. also he make new bank account and all my salary go to this new account (my husband not work), I am not allowed to touch it or buy anything. my inquiries are:1) what shall I do ? i can not proof my marriage officially (the embassy need paper form my country Iraq and you know how it is in Iraq now?2) Am I married or not from Islamic view ( I am so afraid from Allah)?3) Did my husband have the right to take my money? what you advice me?4) Can I refuse to give money to my husband or it is Haram?5) My family are so poor and after he take my money , he says that I am not allow to send money to them, I can not send them any money ? Sir I can not eat and I know my family can not find any money for buy food and my husband here I obey him only for Allah, but as I do this he become more bad and disrespect with me?please help me I am under so much pressure , after my marriage I became always ill and delay in my studies, the only mistake I do I accepted to married him with out asking him for any thing, I have hope to start family but know i heat myself for this. salam alikum

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His Slave and Messenger.

There are a number of points in your question. We can summarize the answer as follows.

First, registering the marriage contract officially is not a condition for the validity of a marriage contract in Islam. It is only a legal action with the purpose of preserving the rights. So, you should try to register your marriage contract, but if this is not done, your marriage is valid and you and your husband are required to honor each other's rights, and Allaah is enough of a witness over you.

Second, you are not obliged to pay anything to your husband unless you willingly choose to do so. If you are unwilling to give him money, it is unlawful for him to take any of your money.

Third, there is no harm in you sending money to your family, and you are not obliged to inform your husband about that if it would cause problems and conflict between you, even though he has no right to object to it.

Fourth, the wife's money is her personal property and the husband has no right to take it. In fact, it is the husband who has to provide for the wife (not the other way round) as underlined in Fatwa 193269.

Fifth, it is impermissible for the husband to curse, insult or abuse his wife verbally or physically, as Allaah The Exalted says (what means): {And live with them in kindness.} [Quran 4:19] Honorable men treat their wives kindly and despicable men humiliate and insult them. Your husband must refrain from harming you for the fear of Allaah, and he must treat you kindly as Allaah has commanded: {Then, either keep (her) in an acceptable manner or release (her) with good treatment.} [Quran 2:229]

Allaah Knows best.

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