Is a wife's disposal of her property contingent upon the permission of her husband?
General Chapter
Al-Mughni
Book of Legal Interdiction
Primary text
The disposal of a wife's property through gift or charity requires the permission of her husband. This opinion is based on the statement, "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." This is evidenced by the incident involving the wife of Ka'b ibn Malik, where the Prophet, peace be upon him, only accepted her proposed charity after confirming Ka'b's permission. The right of the husband is linked to her wealth because the Prophet, peace be upon him, stated, "A woman is married for her wealth, her beauty, and her religion," and typically the husband increases her dowry due to her wealth and utilizes it, similar to the rights of heirs attached to a sick person's property.
Supporting text
The assertion that a wife's gift is restricted is countered by the fact that the Hadith mentioning restriction by the one-third limit lacks textual basis. Furthermore, the analogy to a sick person is invalid because sickness causes property to pass to heirs, whereas marriage merely makes the husband an heir, which is only one descriptive element of the cause, not the cause itself. Additionally, a sick person's gift is conditional upon recovery, whereas the wife's gift is invalidated entirely. Finally, the wife has greater right to utilize her husband's wealth for maintenance than he has for hers, yet she cannot legally restrict his disposal of his wealth.