الأموال المشتركة بين الزوجين بين الفقه والواقع

The Money Shared Between The Spouses Between Jurisprudence and Reality

Abstract

It is well known that women in pre-Islamic Jahiliyya and before Islam were practiced at all levels, so they were not a worthy thing, and society at that time did not recognize her any of the rights, whether they were moral or financial rights. Rather, they were bequeathed similarly to that as the goods that were inherited until Islam came and higher than that responded to their dignity and make them synonymous with the man he says (not Taatmnoa what is the virtue of God with one another for men's share, which gained for women's share, which gained and ask Allah of his bounty that God had knowledge of all things) women: 32, and the campus on Aladhar men and Adilha said Gel would (O ye who believe, do not you solve that women do not possess ing Tedlohn to go to some of Ateetmohn but come Pfahach indicating the interpretation of the meaning Ltamohn may be that you dislike a thing and Allah makes it much good) women: 19

This is for women in general, as for the wife, he has proven to her rights arising from marriage, such as the dowry, maintenance, clothing, pleasure, her right to inheritance after the death of the husband, and other rights that were dealt with in detail by the ancient jurists.

As circumstances have changed, and in the past women are no longer content to sit at home and take care of the affairs of the husband and children. The woman went out to work and began to contribute to the financial burdens alongside her husband, in addition to that the emergence of women's rights associations that began to advocate for the right of women to share money with the husband. The beneficiary during the period of marriage and considering her work at home as a work that deserves a wage, and the emergence of legislation in some Islamic countries, such as Tunisia and Malaysia, for example, giving the wife the right to share with the husband the money collected during marital life, all of this prompted me to contribute to shedding light on this issue that was not addressed to it. The old jurists and I thought to shed light on the types of money gained during married life, and the ruling for each type is as follows:

1- Private funds for both spouses before the establishment of married life.

2- Funds obtained as a result of a partnership between the spouses

3- Funds obtained as a result of women working with men.

4- Funds obtained as a result of the woman working alone, excluding her unemployed husband.

5- Funds obtained by the husband only, without any direct participation of the woman in its collection.

6- Fatwas and legislations in some Islamic countries regarding this matter.

The research was concluded with a conclusion that includes the most important findings and recommendations that the researcher sees.