What is the extent of a mature woman's authority to dispose of her own wealth?
General Chapter
Al-Mughni
Book of Legal Interdiction
Primary text
A mature woman possesses the full authority to act concerning all of her wealth through gratuitous transfer (tbarru') or exchange (mu'awadah). This is the primary opinion held by Al-Khiraqi, one of the narrations from Ahmad, the Madhhab of Abu Hanifah, Al-Shafi'i, and Ibn al-Mundhir. The evidence for this is the Almighty's saying: "And when you have ascertained from them sound judgment, then deliver unto them their property" (Quran 4:6), which clearly indicates the removal of legal restriction and freedom in disposition. Furthermore, it is established that the Prophet, peace be upon him, commanded, "O assembly of women, give charity, even if from your jewelry," and their charity was accepted without inquiry or detailed questioning. When Zainab, the wife of 'Abdullah, and another woman named Zainab asked about giving charity to their husbands and orphans, the Prophet affirmed it without mentioning any condition of permission.
Supporting text
A secondary view, another narration from Ahmad, holds that a woman may not dispose of her wealth beyond one-third without compensation except with the permission of her husband. This is the position of Malik. This view is supported by Hadith indicating a wife's gift requires her husband's permission, such as the narration regarding the wife of Ka'b ibn Malik and the Hadith stating, "No gift from a woman of her wealth is valid except with the permission of her husband; for he is the owner of her guardianship."