business under wife's name

Question:

My husband operates a business whereby he imports goods and sells it locally. But he has registered the business under my name. At first he said it was temporary and it will be a small business. Now after about six years he still operates it under my name. He has opened bank a/c, has credit card, and vehicles under my name. Even though I have objected and told him to transfer everything under his name, he refused. Sometimes he is late in paying the credit card dues, and interest is charged. I have to sign the cheques, but he does the the payments. I am not saying that he is doing anything illegal, but is he right in using my name to opearte a business? He gets angry when I bring up this issue. Please advise me what to do. I don't want to answerable on the day of judgment. Jazakallahu Khairan

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

If the business belongs to your husband, he should transfer everything under his name. He does not have the right to operate the business under your name without your permission. According to Islamic teachings, one must not create or leave any ambiguity regarding the ownership of wealth, business and other possessions, as many Islamic rights and responsibilities are attached to these things, such as: payment of Zakat, distribution of these things as inheritance upon one’s death etc.

Also, it is a major sin to receive and to pay interest. Not paying the credit card bills on time and thereby resulting in the payment of interest is also a major sin. Your husband does not have the right to do this under your name. However, if you do not agree to him doing this and you have tried your best to stop him from doing this, you will not be responsible for the sin; your husband will be responsible.

Our advice is that you keep on making sincere dua to Allah Ta’ala that Allah Ta’ala changes the heart of your husband and that He gives your husband the tawfeeq (ability) to stop committing the sin and the tawfeeq to repent from his actions. Also, keep on advising him with wisdom, softness and love. Do not be harsh or rude to him in any way. Also, if feasible, speak to someone who is wise and whom your husband respects and ask him/her to try to speak to your husband regarding the matter.

We make dua to Allah Ta’ala that He grants you success in your pious and commendable ambition.

And Allah knows best.

Mufti Faizal Riza
6/12/2011
Darul Ifta Australia
www.mufti-online.net

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