Asking Back Jewelries and Bride’s Money at Divorce
Fatwa No: 412822

  • Fatwa Date:10-2-2020 - Jumaadaa Al-Aakhir 16, 1441
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Question

Assalamualaikum, I am from Malaysia. I have a question. Is it permissable in Islam (what is the ruling of) a husband asking back for jewelleries he gave/put on during the nikah at the moment of divorce? This happened after me and my ex husband both agreed to get a divorce and I went to file the divorce a couple of days later. When he said he wanted the jewelleries (a bracelet and two rings), I was so shocked and heart broken because he is the cause of the decision I made to divorce. But at the end it seems like all is caused by me, he put the blame all on me and everybody sees it because of me just because no one can see what he has done to me.
After all, I just wanted to know can a man ask back for he has given to his wife during nikah upon divorce? Isn't the jewelleries is regard as a total belonging of the wife and the husband has no right over it forever like mahar?

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

If the husband gave the jewelry to his wife as a loaned item, it is permissible for him to take it back regardless of whether he keeps his wife or divorces her.

However, if he gave it to his wife as part of her bride's money or as a gift, he has no right to claim it after the divorce.

If the wife is requesting divorce without any harm caused to her by the husband, it is permissible for him to refuse to divorce her. He may offer to divorce her in return for her bride's money, part of it, or any other compensation paid out from her wealth.

However, if the wife requests divorce due to harm caused to her by her husband, she has the right to refer the matter to the judge (at a Sharee‘ah-court) to issue a judicial divorce, whereupon she would be entitled to her bride's money and all the other rights sanctioned by the Sharee‘ah for a divorced woman. The husband, in this case, has no right to claim any part of her dowry or anything else he had gifted her.

Allah knows best.

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