عدت کے خرچہ اور مہر گم ہونے کے بعد دوبارہ ادائیگی کا حکم

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 been effected on his wife. If the wife decides to spend her period of Iddat in husband’s house, maintenance will be obligatory on the husband, otherwise not. As far as the Mahar is concerned, if the husband had already paid the Mahar, then the husband has discharged his duty. Now that the gold has disappeared from the house, and the girl's family claims that it is in the cupboard of the husband's house, and the husband's family denies it, so in such a scenario, it is the responsibility of the girl's family to bring Shar’i witnesses (two men or one man and two women) to prove their claim. And only then their claim will be valid. If they cannot produce Shar’i witnesses, and the boy’s party swear, then they will be acquitted.

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)۔