The fourth opinion:
The woman has the right to spend her own money in all circumstances, whether in a transaction or otherwise, whether this involves all of her wealth or part of it. This is the opinion of the majority, and is the opinion of the Hanafis, Shaafa’is and Hanbalis, and of Ibn al-Mundhir. (al-Mughni, 4/513;al-Ansaaf, 5/342;Ma’aani al-Athaar, 4/354;al-Baari, 5/318;al-Awtaar, 6/22).
This is the soundest opinion, and is most in accordance with the Qur’aan, the Sunnah and common sense.
In the Qur’aan, Allaah says (interpretation of the meaning):
“And give to the women (whom you marry) their Mahr (obligatory bridal money given by the husband to his wife at the time of marriage) with a good heart, but if they, of their own good pleasure, remit any part of it to you, take it, and enjoy it without fear of any harm (as Allaah has made it lawful).”[al-Nisa’ 4:4]
Allaah allows the husband to take what his wife gives him willingly.
Allaah also says (interpretation of the meaning):
“And if you divorce them before you have touched (had a sexual relation with) them, and you have appointed unto them the mahr (bridal money given by the husband to the wife at the time of marriage), then pay half of that (mahr), unless the women agree to forego it…”[al-Baqarah 2:237]
Here Allaah allows women to give up as much of the mahr as they wish if their husbands divorce them, without them having to ask permission from anybody. This indicates that women have the right to decide what to do with their own money, and that a woman has rights to her wealth just as a man has rights to his wealth. (Sharhal-Ma’aani al-Athaar, 4/352).
Allaah says (interpretation of the meaning):
“And try orphans (as regards their intelligence) until they reach the age of marriage; if then you find sound judgement in them, release their property to them…” [al-Nisa’ 4:6]
This clearly means that when the female orphan becomes wise and discerning, she is allowed to handle her own wealth.
Similarly, when the women gave their jewellery in charity after the Prophet (peace and blessings of Allaah be upon him) had addressed them during his Eid sermon, this was an indication that they are allowed to dispose of their wealth without asking permission from anybody.
(See Ittihaaf al-Khilaan bi Huqooq al-Zawjayn fi’l-Islamby Dr. Fayhaan ibn ‘Ateeq al-Mutayri, pp. 92-96).
It says in Nayl al-Awtaar:
“the majority of scholars agreed that women are allowed [to handle their own wealth] with no restrictions and without having to ask their husbands’ permission, so long as they are not foolish, but if they are foolish, it is not permitted.” It says inal-Fath: “The majority have a lot of evidence in the Qur’aan and Sunnah.”
The majority of scholars argued against those who used as evidence the hadeeth “It is not permissible for a woman to give anything except with the permission of her husband.” (Reported by Abu Dawood, 3079;Saheeh al-Jaami’, 7265;
some of its narrators have already been mentioned). The majority of scholars said that this has to do with the good manners and proper etiquette required of the wife because of the rights her husband has over her, and because of his status, experience in life and wisdom. Al-Sindi said in his commentary on al-Nisaa’i with regard to the hadeeth quoted:
“According to the majority of scholars, this has to do with good manners and making the husband feel good.” It was reported from al-Shaafa’i that the hadeeth was not proven, so how can we use it as evidence when the Qur’aan, Sunnah, other reports and common sense indicate the opposite?
https://islamqa.info/en/4037?_e_pi_=7,PAGE_ID10,5368440821
Note: I say, The same rule is applied here that an adult girl isn't stupid in taking her own decision concerning her nikah.
67 Wedlock, Marriage, 42 Chapter:
The father or the guardian cannot give a virgin or matron in marriage without her consent)41(باب لاَ يُنْكِحُ الأَبُ وَغَيْرُهُ الْبِكْرَ وَالثَّيِّبَ إِلاَّ بِرِضَاهَا
Narrated Abu Huraira ra:
The Prophet s.a.w said, "A matron should not be given in marriage except after consulting her; and a virgin should not be given in marriage except after her permission." The people asked, "O Allah's Messenger s.a.w ! How can we know her permission?" He said, "Her silence (indicates her permission.)
حَدَّثَنَا مُعَاذُ بْنُ فَضَالَةَ، حَدَّثَنَا هِشَامٌ، عَنْ يَحْيَى، عَنْ أَبِي سَلَمَةَ، أَنَّ أَبَا هُرَيْرَةَ، حَدَّثَهُمْ أَنَّ النَّبِيَّ صلى الله عليه وسلم قَالَ " لاَ تُنْكَحُ الأَيِّمُ حَتَّى تُسْتَأْمَرَ وَلاَ تُنْكَحُ الْبِكْرُ حَتَّى تُسْتَأْذَنَ ". قَالُوا يَا رَسُولَ اللَّهِ وَكَيْفَ إِذْنُهَا قَالَ " أَنْ تَسْكُتَ ".
Reference: Sahih al-Bukhari 5136
In-book reference: Book 67, Hadith 72
USC-MSA web )English( reference: Vol. 7, Book 62, Hadith 67
)deprecated numbering scheme(
