In the Name of Allah, the Beneficent, the Merciful,

My questions:

1 – It is customary where we live that the woman adds her possessions to that of her husband, so that they maintain joint ownership over it all and the husband does what he wants with it, in terms of trading or otherwise. Perhaps the wife might contribute a portion of her income or work with the husband to build up her husband’s fortune, whether in business or farming, but when the husband dies, she only gets her designated share of the inheritance – either one-fourth or one-eighth, as is settled in the laws of inheritance – and she can’t figure out how much she contributed in building up her husband’s fortune.

The question is: Doesn’t she have a right to her husband’s money in Islamic law greater than her share of the inheritance? How does she get her right as her husband’s partner?

2 - It is also customary for a man who has children that, every time one of them gets married, he builds him a private home and maybe gives him some money to have for himself. The youngest son stays in the family home, and then, when the parents pass away, this youngest son gets ownership of his parents’ house. This is according to custom; it is not a bequest from the father for the most part. What is the Islamic ruling on that?

3 – One of the sons might work in business and bring a lot of money into the family, and this money is considered family money, but in the event of the father’s death, the inheritance is split between them without any consideration for who it was that brought in all that wealth. How is the Islamic ruling in cases like this? Does the brother have a right to this money beyond that which is mentioned in inheritance law?

In the Name of Allah, the Beneficent, the Merciful,

All praise is due to Allah, and may peace and blessing be upon the Messenger of Allah, upon his household, his companions and those who have followed him. To proceed:

1) A woman has her own independent financial status; she has both full financial duties and full powers of disposal. No one has the right - not her husband or anyone else - to take any of her wealth, except with her full, willing consent, as per the generality of the saying of the Prophet (may Allah bless him and grant him peace): “No Muslim person’s wealth is permissible, except with full consent and willingness on his part.” What she added of her belongings to her husband’s wealth (as long as this was not purely a donation), with her full willingness and consent, and not by the pressure of shame or the force of authority, remains her right, and her husband’s liability is not discharged until it has been returned to her. And say likewise about that which she contributed along with her husband from her income, or in assistance to him in his work, beyond the scope of her service to her family as a natural result of the marital bond. In this regard, I should mention that the Assembly of Muslim Jurists of America held a workshop in Sacramento, CA, on contemporary issues in the Muslim family beyond the lands of Islam, in which this topic was discussed and the following resolution was reached. Herein we will quote to you from the formal decision:

Decision #11: On a woman’s contribution to her husband, in terms of expertise or effort, in his business and her stake in his fortune on the basis thereof

-       The basic rule is that marital life is to be based on mutual support, participation and kind and just treatment. It is the husband’s duty to attend to business outside the home and it is the wife’s duty to attend to business within the home.

-       The woman in Islam, whether she is Muslim or non-Muslim, has her own independent financial status; she is free to dispose of whatever money she owns and whatever wealth she acquires. She cannot be prevented from her wealth, except when there are Islamically legitimate reasons for detention, and in these, men and women are alike.

-       The basic rule is that a woman should stay in her home to take care of her husband and children, and her husband is obliged to provide for her fairly and not make her contribute to household expenses, even if she is wealthy.

-       If the husband gives his wife permission to work, whatever she earns from this work is hers alone; he has no right to her earnings except with her willing consent because he has waived his right to keep her in the house for his sake by allowing her to go out to work.

-       If both spouses agree for a working woman to help spend on the house in exchange for what the husband would miss from having her in the house, in terms of taking care of the house and children, there would be nothing wrong with that, but they must both discuss this in a mutually receptive way.

-       If the wife helps her husband out in his business investments through her expertise or labor in such a way that surpasses the limits of domestic service which are the norm between spouses, she would have a stake in his fortune, and this should be appraised by experts according to the amount of effort she put in and how much of a fortune was amassed.

2) The basic rule is that the estate of the deceased should be divided after his death according to Islamic inheritance law and that whatever a man gives to his children during his lifetime is a gift from him, though he is obliged to be equitable in this as per the saying of the Prophet (may Allah bless him and grant him peace): “Fear Allah and treat your children equitably.” Concerning this house in which the family used to live before the father’s death, if the legal heirs willingly consent to give it to the youngest son, he may have it, and if not, it will belong to the rest of the estate which will be divided as it should be.

-       3) As for that which the son gave to the family during his father’s lifetime, if it was a form of donation, he should seek his reward for it from Allah (Mighty & Majestic); this has no effect of differentiating him from the rest of his brothers and sisters in the inheritance. If it was not a donation, the accountants should estimate its worth to be his right and his right alone, which bears no relation to the inheritance, although we advise everyone to maintain a spirit of forgiveness and tolerance and to always remember that winning hearts is more important that winning money!

We ask Allah to guide us and you to success and accuracy.