Saturday 8 October 2011

Wife disposing of her own money without her husband’s knowledge

 

My sister works in Saudi and wants to invest part of her salary in a project on the basis that this money is my money and she will give me the profits whilst the capital remains hers, on the basis that I will lend her this money and she will invest it, but without her husband’s knowledge. Is she or am I doing anything haraam? Please advise us.

Praise be to Allaah.
 

 

There is no
sin on your sister if she gives you money as a loan for you to invest and
benefit from the results on the basis that the capital will remain your
sister’s. But if your sister wants to share the profit with you whilst she
is keeping the capital as is, that is not permitted, because this comes
under the heading of “every loan that brings benefits is riba.” It is not
necessary for her husband to know about your giving her the money, because
the money is her own and he has no right to any part of it unless she gives
it willingly. Allaah says (interpretation of the meaning): 

“And give
to the women (whom you marry) their Mahr (obligatory bridal-money given by
the husband to his wife at the time of marriage) with a good heart; but if
they, of their own good pleasure, remit any part of it to you, take it, and
enjoy it without fear of any harm (as Allaah has made it lawful)”

[al-Nisa’
4:4] 

But by way of kind
treatment and because men are more experienced and kanowledgeable in matters
of business, our advice is that the husband should be told about what his
wife is doing and how she is disposing of her wealth. 

Shaykh
‘Abd-Allaah al-Jibreen said: 

The wife
owns her wealth and she has the right to dispose of it. She may give it as
gifts, give it in charity, pay off her debts, give up her rights to money
that she is owed or give up her right to inheritance to whomever she wants,
whether relatives or others. Her husband has no right to object if she is
mature and of sound mind. Her husband does not have the right to dispose of
any of her wealth except with her consent. (Fataawa al-Mar’ah al-Muslimah,
2/674).

 And Allaah knows best.

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