Discussion Committee:
Dr. Jamal Zeid Al-Keelani /supervisor
Dr. Khaled Qarqour/external exmainer
Dr.Ayman Dabbag/internal examiner
Supervisors:
Dr. Jamal Zeid Al-Keelani /supervisor
Authors:
Jehad Hassan Mohammad Al-Qurum
Abstract:
All praise is unto God and peace be upon the most honorable prophet and his family and companions, Mohammed Bin Abdullah.
This research, which is conducted by Jihad Hassan Al. Qaram, is entitled as: “The Rights of the Husband in the Wife’s Money”. It is supervised by Dr. Jamal Zaid Kilani as partial fulfillment of the requirements of the degree of Masters of Arts (MA) at An. Najah National University.
In this study, the researcher tackles the issue of the financial rights of the husband upon his wife since it is important to know the financial rights of each spouse in Islam. The wife has financial commitments to the husband and the kids in case the husband is in a bad financial situation. On the other hand, the husband has financial commitment to his wife whether he can use the dowry of the wife or not.
This study is divided into a prelude, three chapters and a conclusion. First of all, the prelude chapter is entitled as: “The Eligibility of Women in Gaining their Financial Independence”. In this chapter there are three sub-sections, which talk about women’s rights, how to acknowledge them, the mutual rights between spouses and the financial independence of women. Thus, women’s eligibility to have financial independence is ruled out, so they can do whatever they like with their money without taking anybody’s permission.
The first chapter, which includes three sub-sections, is entitled as: “The Rights of the Husband in his Wife’s Financial Affairs”. It tackles the right of the husband to eat from the sacrifice of his wife that he can eat from the remaining third, which is left to the house. The researcher focuses on the issue of eating from the atonements of his wife that he can take them if he is in need. Finally, it is discussed that the husband can take the charity of his wife, which is the consensus among religious men.
The second chapter, which includes three sub-sections, is entitled as: “The Right of the Husband in His Wife’s Inheritance and Will”. It discusses the rights of the husband in his wife’s inheritance. Thus, the researcher elaborates on the concept of inheritance and terms that the husband has the right to take half of his wife’s inheritance if the wife doesn’t have another relative. If so, the husband takes one fourth of the inheritance.
In addition, this chapter addresses the rights of husband in the will of the wife that it crystalizes the concept of the will and its rules. It’s ruled out that the husband should not be included in the will because he is one of the heirs of the wife unless it is cleared by the other heirs.
Finally, it discusses the rights of the husband to give his wife whatever that it explained the concept of the gift and it legal status that the wife can give her husband whatever she likes without taking permission from anyone.
The third chapter, which includes three subsections, is entitled as: “The Rights of the Husband in the Salary of the Employed Wife”. It reveals the Islamic rules behind the work of women that it is allowed with the approval of the husband or the person responsible for her. Thus, it talks about the work of women inside their houses and outside it to the extent that women should take their husbands’ permission whenever they want to go out of their house. This is because the wife bounds herself by the marriage contract to adhere to a number to issues including not going out without her husband’s permission.
Furthermore, it highlights the right of the husband to spend from his employed wife in case he is in a difficult financial situation. In addition, the researcher elaborates saying that the preparations of the house is one of the rights of the wife, so she won’t demand to prepare it unless she is consented with it. Concerning the right of the husband to use the wife’s possessions, the wife has the right to prevent the husband from using any of her possessions, but it is better for the wife to allow her husband to do so as a sign of good conduct between them.
The researcher concludes the study with the results and recommendations of the study, which can be summarized as follows:
- Husbands should respect their wives and give them a high status. They shouldn’t marry them for their money.
- I recommend the working women or employed women to participate in the house’s expenses because it is a sign of cooperation between the spouses