In principle, both husband and wife have separate financial entities, but if they pool their property together with their consent then there is nothing wrong with that. However, the original ruling that should be emphasized, is the financial independence that exists in their relationship and the responsibility of maintaining the family falls on the husband’s shoulders alone.
On this subject Sheikh Jadul-Haq `Ali Jadul-Haq, former Grand Sheikh of Al-Azhar, (may Allah have mercy on his soul) said: “In Islam, men and women have equal rights and responsibilities in general. Islam has given the woman an independent legal personality as well as an independent financial entity from that of her husband; she retains her father’s and family name and does not change them even after marriage.
As for property, the Qur’an has specified the power of control and disposal of each over his or her property. Almighty Allah says, “Unto the men (of a family) belongs a share of that which parents and near kindred leave, and unto the women a share of that which parents and near kindred leave, whether it be little or much-a legal share.” (An-Nisa’: 7) He also says, “And covet not the thing in which Allah has made some of you excel others. Unto men a fortune from that which they have earned, and unto women a fortune from that which they have earned. (Envy not one another) but ask Allah of His bounty. Lo! Allah is ever Knower of all things.” (An-Nisa’: 32)
Therefore, all Muslim scholars have unanimously agreed that the husband and wife have a separate financial entity, and no one has authority over the other with regard to his/her wealth or soul, and neither can represent the other without a mandate or proxy. The marriage contract only regulates marital rights and obligations. Islam has obligated the husband to spend on his wife and to satisfy all her financial needs as agreed by `Urf (custom). It is not permissible for either of them to use, for his own benefit, the property of the other with the exception of spending on the marital house from the money of the husband with his knowledge and as based on `Urf.
Thus, no one can dispose of the other’s wealth without his/her consent. The right of disposal must be given through known legal contracts, such as partnership in its various forms.”
Spouses Pooling Their Wealth Together to Meet Life Expenses
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