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Monday, June 7, 2021

Right to own property




 A Muslim woman has the right to own property and dispose of her wealth in a way she deems fit (as long as she possesses sound judgment). Such rights are established by the Shari'ah, to the effect that 

 Allah says, 

                      "If then you find sound judgment in them, release their property to them. An-Nisa 4:6



              She also has the right, according to the consensus of scholars, to embark on commercial ventures without the need of her husband or father's permission. The majority of jurists such as the Hanafis, Shafi'is, Ibn al-Mundhir, and a narration from Imam Ahmad state that a woman has the right to spend her wealth charitably. This view is held in light of the Prophetic narration, "O womenfolk give Sadaqah (charity) even if it is from your jewelry.'' The women responded to the Prophet's call without his inquiry as to whether they were donating the whole of their wealth or a part thereof. Since it is permissible for a Muslim woman to dispose of a part of her wealth without her husband's permission, he has no authority to restrain her if she wants to dispose of it in its entirety. According to Imam Malik and a narration from Imam Ahmad, she can only donate up to a third of her wealth and is not allowed to donate more than that without her husband's consent.



          As for those who cite it is a woman's right to donate her entire wealth, then they argue that if she has the freedom to possess and maintain her wealth, then she can also stand as a guarantor for others. Amongst these jurists is al-Mughni. They say, since it is a contract whose target is wealth, it is, therefore, valid if it is contracted by a woman, as this is similar to being like a male. 



                                                  As for those who believe that she can only donate up to a third of her wealth without her husband's permission, they also believe that she can only guarantee what covers up to a third of her wealth since guaranteeing in this case forms a type of donation. As for guaranteeing what covers more than a third of her wealth, according to this view it is legal as long as it is permitted by her husband. 

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