Fatwa No : 77034
Who is responsible if the dowry was misplaced?

Who is responsible if the dowry was misplaced?

What do the learned Muftis say about the issue that, my brother Danyal married Sidra, and due to lack of harmony between them the matter reached to the point of divorce. My brother divorced her through divorce paper. What I am asking is, how much expenses of Iddat is compulsory upon my brother, whereas the girl’s party also demand the expenses incurred during the marriage, what is the status of this demand according to Sharia? While the amount of Mahar was fixed at 100,000 rupees, we paid it in the form of gold, which is recorded in the marriage certificate as well. Later on, brother's wife moved to her parents’ place and the matter of divorce took place. Now the girl’s party say that she had kept the gold in the cupboard but none of our family members took that gold. All the family members are ready to swear on it. In such a case, is it necessary for my brother to give the Mahar again?

الجوابُ حامِدا ًو مُصلیِّا ً

When the questioner's brother Danyal signed the divorce certificate, then the three divorces mentioned in the divorce certificate have taken effect on his wife. If the wife decides to spend her waiting period (Iddat) in husband's house, maintenance will be obligatory upon him (i.e the husband), otherwise not. As far as the dowry (Mahar) is concerned, if the husband had already paid it in full, then the he has fully discharged his duty towards his wife and no further request for the dowry to him can be made. Now that the gold has been misplaced, and the wife's family claim that it was in the cupboard of the husband's house, which the husband's family has denied, it is the responsibility of the wife's family to provide legitimate witnesses (i.e. two men or one man and two women) as proof to support their claim. Only then would their claim be acceptable according to the light of the Shari'ah. However, If they are unable to provide the required amount of witnesses, and the husband's party swear that the dowry was not misplaced or misapprehended by them, then they will be acquitted of any remuneration and no further accusation can be made against them.
And Allah, the Most High, knows best.

مأخَذُ الفَتوی

كما في اعلاء السنن: عن ابن عباس قال: قال رسول الله : "لو يعطى الناس بدعواهم لادعى رجال أموال قوم ودمائهم لكن البينة على المدعى واليمين على المدعى على" (كتاب الدعوى، ج 15، ص 341، ط: ادارة القرآن)۔
و في الهنديه المعتدة عن الطلاق تستحق النفقة والسكنى كان الطلاق رجعيا أو بائنا، أو ثلاثا حاملا كانت المرأة، أو لم تكن كذا في فتاوى قاضي خان الخ ( فصل في نفقة المعتدة ، ج 1 ، ص 557 ، ط: ما جديه)۔