Saturday, April 13, 2024
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Cash and jewelry given to wife

Fatwaa ID: 962

Question:
Assalamualaikum

One brother asked:

Before the wedding took place, my parents gave my wife the jewelry, and during the wedding they gave her cash.

She took the cash and the jewelry back to her household, without consulting with me, even though we were living together at that time. The marriage is over now.

The jewelry and the cash was given with the intent that we use/sell this, Incase, there was an emergency, i.e.. losing job, so we can support each other for the time being.

Now, my question is, do I have any right to the cash and jewelry, since the marriage is over. The cash and the jewelry was not given as a gift.

Jazakallah khayran

Answer:
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

We take note of the details of your query. Anything given to the wife, cash or jewelry, will be regarded as a gift solely to her unless she was expressly told otherwise. The “intent” is irrelevant if it was not expressly verbalized to her. She would have sole discretion of doing as she wishes with that. She does not need to consult her husband regarding what to do with her wealth.

In the enquired situation, it seems that this was not told to her at that time. Now that the marriage is over, perhaps it is difficult to accept and now claims are being made on it. In most probable case, your parents were not paying its zakaah. Accordingly, it will not be permissible for you to now lay any claims to it nor demand that she returns what was given to her. It was indeed a gift and it belongs to her.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

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