Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

Assalam-u-alaikum,

Dear Sirs, I have been married happily for 2.5 years and have also had a beautiful one year old child through this marriage, al-hamdu-lillah. My husband and I live in Bangalore, India and my in-laws in a nearby town Chikmagalur.

During my wedding my father gifted me a certain amount of jewelry. He asked my in-laws to look after my jewelry and be its guardian. Also, after wedding, he granted me the use of 2 properties. One of which was a residential house in which we (husband and I) are currently residing. A part of this house has also been rented out and the rent is being utilized by us both for our family expenses. The other property is a commercial office, from which I get a considerable amount of rent.

Recently, my in-laws have asked me for both the jewelry and the rental income. Their point of view is that, since I am now part of the family, my rental income should be clubbed with the family’s income and then be shared among all members, including my brothers-in-law. Similarly, since my father asked them to look after the jewelry, they would like the right to use the jewelry, both personally and to pawn it and use the money for business purposes. They said that I need not pay the interest on the pawned money, and they will take care of that, but want me to give them the jewelry for pawning.

I am not really interested in handing over either the income or the jewelry. So I ask you to kindly help me in this regard and advise me a future course of action. I would also like to know according to Hanafi fiqh, what are my rights and obligations in this matter, and also the rights and obligations of my husband and in-laws.

Thanks and regards,

May Allah grant you the best of sawab for your service

PS: I have mentioned by brother’s email address. Please send the reply to this address.

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Inlaws demand wife’s wealth

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verse 34:

34 Men are the protectors and maintainers of women because Allah has given the one more than the other, and because they (the men) support them (the females under their care) from their means. Therefore the righteous women are devoutly obedient and guard in (the husband's) absence what Allah would have them guard (their chastity, their husband’s property and honor, etc.).

Allah Says in the Holy Quran Chapter 65 Surah Talaq verse 7:

7 Let the man of means spend (on his wife and family) according to his means: and the man whose resources are restricted let him spend according to what Allah has given him. Allah puts no burden on any person beyond what He has given him. After a difficulty Allah will soon grant relief.

Sunan of Abu-Dawood Hadith 2139 Narrated by Mu'awiyah al-Qushayri

I went to the Messenger of Allah (saws) and asked him: ‘O Messenger of Allah (saws), what do you say (command) us about our wives?’ He (saws) replied: ‘Give them food what you have for yourself, and clothe them by which you clothe yourself, and do not beat them, and do not revile them.’

Although Islam has given the women the right to her own share of inheritance and property rights, Islam has laid the complete financial duty and responsibility of the upkeep of the womenfolk and the house upon the shoulders of the men….the father is responsible for the complete financial upkeep of his daughters, the husband is responsible for the complete financial of his wives, the sons are responsible for the complete financial upkeep of their mother, etc. From her cradle to her youth to her old age, Islam has commanded the men-folk to fully and appropriately provide for the financial upkeep of the women-folk under their authority and care according to the means available to them.

Even if a woman is a millionaire in her own right due to her own earnings, or her inheritance, etc., she is neither obliged nor duty bound nor responsible to spend even one cent of her own wealth on the upkeep of herself, her children, her husband, or her house! It is the responsibility and the duty of the men (father, husband, sons, etc.) to provide for her complete financial upkeep according to their means.

Respected sister, the property and the jewelry gifted to you by your father is your wealth alone, and you are well within your rights to do whatever you wish and please with your wealth.

If you wish to use your personal wealth to help with the family income, you are obviously well within your rights to do so. But if you do not wish to use your personal wealth to help your husband or his family, no one has a right to force, or coerce, or compel you to part with your wealth against your wish and desire.

It would not be lawful for your husband or his family to force or compel or threaten you to share your personal wealth with or on them……if they did so, they would be in violation of your rights guaranteed unto you by Shariah and Allah Subhanah.

If your husband or his family force or compel or coerce you to part with your wealth, and it is not your desire to do so, you should inform them politely and firmly regarding your decision….and there would be absolutely no blame or sin upon you in the least.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and well wisher in Islam,

Burhan