Can a Qadi Require a Wife to Compensate Her Husband for Willfully Destroying His Property?

Answered by Mawlana Ilyas Patel

Question

Can a Qadi require a wife to compensate her husband for willfully destroying his property, including by liquidating part of her mahr, if necessary?

Answer

In the Name of Allah, the Most Merciful and Compassionate

I pray you are in good faith and health. Thank you for your question.

A judge (qadi) has the authority to require a wife to compensate her husband for willfully destroying his property. However, the judge cannot compel her to liquidate her mahr, as it is her exclusive property and cannot be used to settle debts in this manner. It may be permissible if the wife voluntarily agrees to use part of her mahr for compensation.

[Abu l-Husayn al-Quduri, al-Tajrid]

May Allah (Most High) guide us to what pleases Him, forgive us for our shortcomings, and alleviate our difficulties, Amin.

I would like you to go through the valuable answers and links below. In sha Allah, you will receive guidance and direction.

Why not begin your search for knowledge by signing up for a course on SeekersAcademy (seekersguidance.org), like from the Islamic Studies Curriculum (seekersguidance.org) or Youth Islamic Studies Curriculum (seekersguidance.org), building your way up doing each course?

I pray this helps with your question.

Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Abdul-Rahim Reasat

٢٨١١٢ – قالوا: مسلم أتلف مال مسلم بعدوان فصار كما ذكرنا-

الكتاب: التجريد
المؤلف: أبو الحسين أحمد بن محمد بن جعفر البغدادي القَدُّوري (٣٦٢ – ٤٢٨ هـ)
دراسة وتحقيق: مركز الدراسات الفقهية والاقتصادية
أ. د. محمد أحمد سراج – أ. د. علي جمعة محمد
الناشر: دار السلام – القاهرة

Mawlana Ilyas Patel is a traditionally-trained scholar who has studied in the UK, India, Pakistan, Syria, Jordan, and Turkey. He started his early education in the UK. He went on to complete the hifz of the Quran in India, then enrolled in an Islamic seminary in the UK, where he studied the secular and ‘Aalimiyya sciences. He then traveled to Karachi, Pakistan. He has been an Imam in Rep of Ireland for several years. He has taught hifz of the Quran, Tajwid, Fiqh, and many other Islamic sciences to children and adults onsite and online extensively in the UK and Ireland. He taught at a local Islamic seminary for 12 years in the UK, where he was a librarian and a teacher of Islamic sciences. He currently resides in the UK with his wife. His interest is a love of books and gardening.