Surveying the Feqhi Foundation of Women's Financial Independence

In Islamic feqh, a woman has financial independence whether she is married or not; she does not her husband or father’s permission to have her mundane properties or legal ones unless she has been prohibited or wants to take her father or husband’s properties. That surely her father or husband’s permission is needed and it is because of her legal seizure not gender. This matter has been confirmed in many verses of Quran like heritage, alimony, forgiveness, divorce, donation, peace, ransom, and narratives such as: Zorareh’s narrative of Imam Bagher (greeting to him), Ibn Abihamze of Imam Sadegh (greeting to him), Amro-Ibn-Haris of Zeinab (pease upon her). Of course, our matter not only is according to sound rational and reasonable rules, but also is based on the decisive reason. A person shall have legal capacity to take possession. He should be alive, human, and not to be prohibited. All of women have these qualifications. Her legal capacity is certain because she is born alive, she is human, so there is no reason to devote it to men. Therefore, none of jurists denies that case. The legal capacity is for all people unless it proves the contrary and it is not proved for women. In spite of agreement of the Sunnite on this matter, the Shiite are not agree with that. Some of them have different opinions on vow and oath. Some people such as: Imam Khomeini believes that woman cannot take possession to her finance. The narrative of Abdollah-Ibn-Sanan confirms this case. That is not clear and concise in text and documents. Some other people such as Sayyed Sistani and Khuee believe that husband or father’s permission is not needed if taking possession is not inconsistent with husband’s or father’s right. But, this group does not notice to unequal reasons to this matter.