Sick wife entitled to dispose of her state disability payments
Fatwa No: 353815

  • Fatwa Date:31-12-2017 - Rabee' Al-Aakhir 13, 1439
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Question

Assalaamu alaykum. My question is regarding financial freedom of the wife. I am a housewife, and due to a long-term illness, I am eligible to receive disability payments from the government for my care. My husband refuses to allow me to use any of the money for my needs and spends the money on household expenses. He uses the fact that I am not "earning" the money to keep it from me. However, since it is coming for my needs, am I right to say that he should not spend it without my consent? I am also not allowed to keep a bank account, have any pocket money, or do any shopping at all. He controls all of the money in the house. I have brought it to his attention many times that what he is doing is unfair. He promised to make a joint account with me, but he has not done this in many years. Awaiting your kind advice and prayers. May Allaah reward you.

Answer

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

First of all, we ask Allah to facilitate your affairs and to reconcile between you and your husband.

We have already clarified in fatwa 132055that the money (wealth) that a woman acquires through any lawful means is her exclusive property and that it is not permissible for her husband to dispose of any of it.

Therefore, it is not permissible for your husband to take anything from your money even if he has the intention to spend it on the household without your proper consent.

Asmaa’, may Allah be pleased with her, narrated that the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said, “The money of a Muslim is not lawful (for anyone else to take it from him) unless he gives it with his own proper consent.” [Ahmad]

His claim that you do not earn this money is not a valid excuse, and it does not allow him to dispose of it without your permission.

Also, he has no right to prevent you from having pocket money or opening a bank account without a legitimate reason. As for shopping, then if this requires going out of the house, then you are not allowed to go out without his permission.

Our advice to you is to be patient with your husband and continue giving him advice in a gentle manner. You may also seek the help of some righteous people whom you hope that he would listen to.

All goodness is in supplication, so supplicate Allah to guide him to do what is right.

Allah knows best.

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