Fatwa No : 84949
After Separation, Who Owns the Dowry Given by the Girl’s Father?

After Separation, Who Owns the Dowry Given by the Girl’s Father?

What do the honorable Muftis say regarding this issue: My sister got married, and within just a few months, oppression and mistreatment from her in-laws began. Despite attempts to resolve the matter through discussion and reconciliation, no solution was reached, and eventually, the matter ended in separation. After the divorce, we demanded the return of the dowry items, but the boy’s family kept delaying. When we personally went to their house and demanded the items, they referred us to a relative, claiming that the dowry was kept with him as a trust, but we did not receive the items. During this time, about two and a half years passed. Then we demanded that they pay us the value of our items, since the dowry had been damaged and worn out. Immediately, they brought the items and threw them in front of our house. We returned them because some items were damaged and others were missing. Now, after six (6) years, they are telling us to come and take our items back. According to Shariah principles, are we entitled to demand the value of these items or not? Please guide us.

الجوابُ حامِدا ًو مُصلیِّا ً

The dowry items that the questioner’s sister received from her father are, according to Shariah, her personal property. Therefore, after separation, it was obligatory to hand them over to her. The in-laws’ unjust delay and refusal to return them was impermissible, and they are sinful for doing so. It is incumbent upon them to immediately return her belongings, and due to the damage and deterioration caused by withholding the items, the girl has the right to demand compensation equal to the loss. Furthermore, if any item has been lost or destroyed, she is also entitled to claim its full value.

مأخَذُ الفَتوی

كما في الدر المختار: (جهز ابنته بجهاز وسلمها ذلك ليس له الاسترداد منها اھ (3/ 155)۔
و في الفقه الإسلامي وأدلته للزحيلي: جـ ـ أن يكون النقص بسبب فوات معنى مرغوب فيه في العين، مثل الشيخوخة بعد الشباب، والهرب، ونسيان الحرفة، فيجب ضمان النقص في كل الأحوال. (6/ 4811)۔