A fatwa by the Sheikh of Al-Azhar on the woman’s share of her husband’s wealth raises controversy among Egyptians
Dr. Ahmed Al-Tayeb, Sheikh of Al-Azhar, issued a fatwa yesterday calling for the necessity of reviving the fatwa of "the right of toil and striving" to preserve the rights of the working woman who made an effort to develop her husband's wealth.
He explained that the fatwa is necessary, especially in light of the modern developments that required women to enter the labor market and share the burdens of life with their husbands.
Also, he stressed that "marital life is not built on rights and duties, but on friendship, love, and attitudes in which the husband supports his wife and she supports him, to build a good family." The fatwa quickly sparked widespread controversy in the Egyptian street hours after its issuance.
While Sheikh Osama Kabil, one of the scholars of Al-Azhar, explained, according to Al-Arabiya.net, that the fatwa has a basis in Sharia and is based on the idea that a woman has the right to participate in her husband’s wealth that she helped him build during the marriage so that she gets it in return for the material and moral efforts she made in creating this wealth.
He also added that the fatwa was applied during the reign of Caliph Omar Ibn Al-Khattab, and it became known about the incident of Habiba bint Zuraiq, the wife of Amer bin Al-Harith.
And he indicated that Habiba was a weaver of clothes and turbans, while her husband was a merchant, and each of them worked with what he had until they earned money. When the husband died, his heirs took the keys to the stores and divided those goods.
He pointed out that Habiba disputed that wealth, and confirmed that all of this was the work of her hand and her efforts with her husband, and therefore the matter was raised to Omar Ibn Al-Khattab, who spent half of all the money for Habiba as a reward for her pursuit, and then a quarter of the husband’s share as an heir because he did not leave a son.
In addition, he pointed out the importance of applying the well-known rule “the woman gives charity and the man abstains”, meaning that the man has guardianship and he must spend on his wife, and the woman should help and donate her effort, as she establishes a partnership with the husband in building the house and raising the children.
He added that the fatwa is applied when the woman has a business or a joint business with the husband, pointing out that the fatwa is related to the money of the woman only and not to the wealth of the man. Both of them are independent financial assets.
He also clarified that this does not mean that a man should not stop spending on his wife from his own money, as he is the head of the family and has the right to guardianship.
He stressed that the fatwa of toil and striving does not isolate the spouses from the other, but rather preserves rights, because Islam takes into account the rights of all, and preserves independent financial accounts.
Also, he pointed out that at times the wife is involved in creating wealth with her husband, whether through her own money that she inherited or earned from her work, and she cannot obtain this money, in the event of separation, death of the husband or his remarriage.
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