The Grand Imam, Dr. Ahmed Al-Tayeb, Sheikh of Al-Azhar, through his Ramadan program “The Good Imam”, called for the need to preserve the right of women “to strive and pursue” wealth from her husband. the year 2020, which stipulated: “The participant in the development of the family patrimony must be compensated, such as the wife who mixes her money with the husband’s money, and the children who work with the father in trade and others. Then, before dividing what is equal to their right is taken from the inheritance, if its amount is known, or if it relates to it, according to what people of experience and wisdom see, if its amount is not not known.
The Al-Azhar International Center for Electronic Fatwa explained the meaning of toil and effort as follows:
▪️ A woman’s right to “fight and struggle” is a patrimonial fatwa, whose jurisprudential origin dates back to the evidence of Islamic law contained in the preservation of rights, and which establishes the financial independence of women , including the word of Almighty God: [النساء: 32]In addition to the ruling Caliph Omar Ibn Al-Khattab, may God be pleased with him, a woman’s right to her husband’s money, which they raised together before dividing his estate, then many judges and jurists have spent the same through the ages; Especially the jurists of the Maliki school of thought.
▪️ Al-Azhar Al-Sharif has issued fatwas throughout its history with established jurisprudence of the need to preserve the rights of contributors to the formation and development of wealth and inheritance, and its revival of fatwa of hard work and effort to revive its approach, terminology and heritage; Due to the large number of violations committed in this regard, in conjunction with the increased participation of women in the development of the wealth of their husbands, and their exit into the financial and commercial market.
▪️ The right to work and effort is not a woman’s right to her husband’s money, rather it is what anyone who has contributed their money or effort to the development of someone’s business and wealth, such as a son and a daughter if they contribute to the development of their father’s wealth with money and labor or one of them, and a nephew with his uncle, and so on.
▪️ “Toil and effort” is a wife’s right to her husband’s wealth whether she participates in his development by giving money or by striving and working or both, and forms of her practical participation : work with him on his body in a project, business, crafts, etc., and among the forms of financial participation: the donation coming from his father’s gift to her Or from a gift from someone another, or her inheritance from her father or someone else, or her wages from work, or her marriage dowry, or her possessions, or jewels, etc. of what she owned, and she had her independent financial responsibility which Islam decided for her.
▪️ The wife’s right to work and struggle is not valued at half or a third of the husband’s wealth, but is valued by the amount of the wife’s money added to the money and profits of her husband, and the reward of her efforts and labor with him, and the wife may claim or forgive him or part of it.
▪️ One of the fairnesses of the husband and the goodness of his wife’s mandate is that he gives her the right to work, to strive and to build his wealth in his life by himself, to do it under his own financial custody and to keep in his custody what was his exclusive property, which is governed by the provisions of Shariah during his life in zakat and the like, and after his death in inheritance And so on.
▪️ The wife can agree with her husband to release what proves her right to her work or her money before her participation with him in the development of her heritage with effort or money or after her participation.
▪️Wife’s taking of the right to her job and pursuit of her husband’s wealth is not related to the end of their marriage by death or separation. Rather, it is the right of the woman during the life of her husband and the survival of their marriage, she can take it or tolerate it; As the principle is that it is the wife’s money, which she made after her husband’s name in order to unite their livelihood and family interests.
▪️The wife’s right to work and endeavor her deceased husband’s estate is fulfilled with the repayment of her debts, and before dividing her estate by dividing the inheritance on which she is entitled to the share of the wife, that is, the imposition of a quarter if her husband has no children, or the price if he has children by her or others.
▪️ A woman’s right to work hard and struggle is related exclusively to the affairs and financial transactions of the spouses, if they share money and work or one of them in the above-mentioned way.
▪️Woman’s domestic work does not fall under the right to toil and struggle, because a man’s work outside the home is an apparent service rendered to his wife and family in order to provide them with alimony, and the Woman’s domestic work is an internal service for her husband and children until accommodation is obtained in married life.
▪️ The maintenance of the husband on his wife according to his left and her insolvency is a right and a duty on him decided by Islam for her, and the husband’s commitment to alimony on his wife does not replace his right to his toil and pursuit in work that builds their wealth as mentioned.
▪️ The marital relationship is a complementary housing relationship, based on affection and forgiveness, and is not a relationship of equality or a financially utilitarian investment, and it is not appropriate that the sanctity of marriage and position of the wife in it are treated as wage earners in her family, by imposing on her, as well as on the husband, a specific wage in return for the work of looking after the children, in favor of her, their children and their home, as has been explained.
▪️ Islam has built married life on mercy and good relationship, has divided its roles and distributed its tasks in a manner proportionate to the nature of its two parts and the faculties and abilities of each of them, and has defined what should be its end, and what should be a means by which to reach others in wondrous justice, and unparalleled elegance and order in laws.
▪️ Transform what Al-Azhar calls for in terms of preserving rights and promoting justice within the family into racist slogans and biased measures that call for unjust equality without justice, encourage polarization and equality between spouses and present marriage in a materialistic and repugnant form which has neither love nor slander. It is rejected and contrary to the teachings of religions, human nature and the stable values of society, and we can see the flaws of these calls and their poor results in societies where many young people have refrained from marriage and form families.