Monday 10 October 2011

Can a woman donate any of her money without her husband’s permission?

 

This hadeeth has been quoted as proof that it is not
permissible for a woman to give away any of her wealth without her husband’s
permission, even if she is wise and mature. But there was some difference of
scholarly opinion concerning that. Al-Layth said: That is not permissible at
all, either concerning one-third of her wealth or less than that, except
with regard to insignificant things. Tawoos and Maalik said: It is
permissible for a woman to give away up to one-third of her wealth without
her husband’s permission, but no more than that; it is not permissible to
give more than that without his permission. The majority are of the view
that it is permissible for her to give any amount away without her husband’s
permission, so long as she is not immature. If she is immature then it is
not permissible. It says in al-Fath: the latter view, which is that
of the majority of scholars, is well founded in the Qur’aan and Sunnah. 

Based on this, a woman
should not be prevented from giving some of her wealth in charity, even if
her husband does not approve. 

But it is better to ask his permission so that he will feel
good, and so as to avoid any hard feelings on his part about his wife’s
spending. And he should give her permission and not stop his wife from doing
good deeds and treating people kindly. 

And Allaah knows best. 

See also question no.
21684.

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