Fatwa ID: 04547
Answered by: Mufti Mohammed Tosir Miah
Question
Which jewellery items shall belong to husband and which to wife after divorce?
In the name of Allah, the Most Gracious, the Most Merciful
Answer
To ask for a gift back is impermissible in the following seven situations;
- From relatives.
- Husband and wife relationship.
- To take or accept a reward after accepting the gift.
- The gift has left the ownership of the person whom the gift was given to.
- If the giver or the person the gift was given to pass away.
- If the gift has perished.
- If the gift has increased in nature, such as a piece of cloth and the person has dyed it. (Al Ikhtiyar p.51 v.3)
However, if the giver and person whom the gift was given to are happy to return it back then it will be permissible. Similarly, if the Qadhi (Islamic judge) was to pass a judgement for the gift to be returned then it will be permissible to return the gift back to the giver. (Hidayah p.290 v.3)
With regards to your question, the aforementioned situation depends on urf (custom) and on what the husband intended. If a gift was given by the husband to the wife with the intention of making her the owner (tamleek) then it not necessary for the wife to return the gift at the time of divorce. If the jewellery was given with a clear statement that it must be returned back to the husband then that jewellery would have to be returned by the wife to the husband. As mentioned above if she wants to return the gift back out of her own accord then it is permissible. (Fatawa Rahimiyah p.236 v.8)
Only Allah Knows Best
Written by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
