Fatwa No : 82615
The Ruling on Returning the Jewelry Given to the Bride by Her In-Laws at the Time of Marriage

The Ruling on Returning the Jewelry Given to the Bride by Her In-Laws at the Time of Marriage

What do the esteemed scholars and respected Muftis say regarding the following matter: Some time ago, my sister was married to a man, and the marriage was consummated. However, their relationship did not remain good, and now my brother-in-law wants to divorce her. My question is: In the event of divorce, what things does my sister have a right to? The dower (mahr) has already been paid by the husband. The dowry items we gave her have been taken back by us. However, the items that were given to the bride by the in-laws were also taken back by them. Does my sister have a right to those items, or not? Also, is the husband responsible for her maintenance during the ‘iddah (waiting period)? Please kindly provide an answer in accordance with Shari‘ah, and I shall be grateful.

الجوابُ حامِدا ًو مُصلیِّا ً

First and foremost, the questioner’s sister, her husband, and both families should make every possible effort to reconcile and preserve the marriage. They should avoid giving or taking divorce without a valid reason. However, if reconciliation is not possible and due to a valid Shar‘i reason the brother-in-law issues a divorce, then in the situation described: As for the items given by the in-laws, such as jewelry, they are generally considered as lent items, and therefore, the girl's in-laws are entitled to take them back. However, if they explicitly gave those items with full ownership and possession (malikāna qabzah) at the time of giving, or if they were given as gifts (hadiyyah) and the girl took possession of them, then she becomes the rightful owner, and it would not be permissible to take those items back from her. As for the ‘iddah period, if the girl observes her ‘iddah in her husband’s house, then according to Shari‘ah, the husband is responsible for covering her expenses during this time.

مأخَذُ الفَتوی

کمافی الدرالمختار: (ولو بعث إلى امرأته شيئا ولم يذكر جهة عند الدفع غير) جهة (المهر) كقوله لشمع أو حناء ثم قال إنه من المهر لم يقبل قنية لوقوعه هدية فلا ينقلب مهرا (فقالت هو) أي المبعوث (هدية وقال هو من المهر) أو من الكسوة أو عارية (فالقول له) بيمينه والبينة لها اھ(3/151)۔
وفیہ ایضاً: (جهز ابنته بجهاز وسلمها ذلك ليس له الاسترداد منها ولا لورثته بعد أن سلمها ذلك وفي صحته) اھ(3/155)۔
وفی الھدایۃ: علی المعتدۃ ان تعتد فی المنزل الذی یضاف الیھا بالسکنیٰ اھ(1/535)۔