Is it permissible for a mother to take money from her husband—who possesses lawful wealth—to educate their children, in a situation where the husband refuses to spend on their education and she refuses to ask her family for more money to educate the children?

The unlawful money possessed by the husband, if its owner is known, must be returned to him or to his heirs. If its owner is unknown or if it was earned through an unlawful gain (such as usurious interest or wages for an unlawful service), it must be spent on the poor, the needy, and for the general welfare of Muslims. If the children and wife of the person possessing the money are poor and needy, and he has no lawful money, then it is permissible to spend this money on them to the extent of their need. There is no impediment for the wife to take from this unlawful money for the education of her children, due to necessity.