Message No : 18Sr.No : 523/724
Question By : SALIM MOHD MEHBOOB MULLA

My younger brother got married last year,unfortunately for some unavoidable circumstances he divorced her last month which has been accepted by the girl,we have given her MAHER and her belonging which she brought at the time of marriage. My question is at the time of marriage we had given her 12 tola of gold jewellery as a gift, now we want the jewellery back, but the girl's father is not willing; he is quoting Quranic verse of surah AL-NISA VERSE NO 20 to support his argument. Plz clarify in the light of QURAN AND HADITH at the earliest-JAZAKHALLAH.

 

Reply By : Mohammad Asad Qasmi
Designation : Mufti, ODI, MMERC, Mumbai 

In the name of Allah the most Gracious the most Merciful

The answer to your question is as follows:

The majority of scholars are of the view that it is not permissible to take back a gift one has given to somebody. Hazrat Ibne Abbas (ra) reported that Allah's Messenger (saws) said: He who takes back his charity (gift) is like a dog which vomits, and then returns to it and eats it.
Therefore, the jewelry given to a person as a gift becomes his/her possession. You cannot demand it back from him/her. (And Allah knows best)

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