Is the wife entitled to half the value of the land currently sold? Is the husband's action of selling the land without his wife's knowledge considered a breach of trust (Khiyanat al-Amana) in Sharia? What is the wife's right in this situation? Is it permissible to boycott the husband because of this action?
A wife's wealth is her own; no one else shares in it except with her willing consent. She has the right to dispose of it as she wishes. If the wife and her husband purchase land jointly, they are partners in it, and neither of them may dispose of the other's share without their permission.
If the husband disposes of his wife's share of the land without her permission, his sale is an unauthorized sale (fuduli) and is contingent on the wife's ratification. If it is possible to annul the sale of her share, she has the right to reclaim her portion. If she ratifies the sale, she is entitled to the price of her share.
If it is not possible to annul the sale, then the husband is liable for the value of her share of the land. The compensation is estimated at the value of the share at the time of the transaction.
The questioner is advised to exercise wisdom in dealing with the matter with the husband and to seek the help of good and wise people to avoid discord, as disputes are only resolved through Sharia courts or Sharia arbitration.
One must avoid opening a door for Satan due to money so that marital life does not turn from happiness to misery and from unity to separation.
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- Original fatwa ID
- 92581
- Imported
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- Source text, unreviewed
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