Who is The Rightful Owner of Gold Jewelry Upon Divorce?
Answered by Mawlana Ilyas Patel
Question
Is it permissible for my wife to keep my mother’s gold after obtaining a Khula degree? Is our demand for its return justified? Can my wife refuse to return the gold she received from me? According to Sharia law, who rightfully owns the gold jewelry?
Answer
In the Name of Allah, the Most Merciful and Compassionate
I pray you are in good faith and health.
The matter of the gold depends on the circumstances of its giving. If the gold you mentioned, which you state belongs to your mother, was given to the wife as a gift during the marriage, it will be considered the wife’s property and will not be returned in the event of a divorce. However, if the gold were given only to wear during the marriage and not as a gift, then the ownership would remain with the husband even after the divorce.
Disagreement About Wedding Gifts
Suppose there is a disagreement between the couple as to whether the jewelry and gifts were given to own or use. In that case, if the bride’s family can bring evidence (bayyina) that at the time of giving, it was clearly declared that the jewelry/gifts were given for her to own, they will remain with her. If her family cannot bring such evidence, the groom’s statement will be accepted with an oath that the gifts were merely given for her to use during the marriage.
[Ibn ’Abidin, Radd al-Muhtar]
Consult a Scholarly Body
Consult a scholarly body and Sharia Council in your country. Depending on the situation, they will ask for details from both sides and make a decision accordingly. Once khul‘ takes place, it will count as one irrevocable divorce. See and read the links below.
Pray two rak’as for the Prayer of Need and pray to Allah for ease and guidance. Allah Most High, destine what is good for you both and the families, Amin.
I would like you to go through the valuable answers and links below. You will receive guidance and direction in sha Allah.
Related
- What Is the Process of Asking Khul‘ from Husband
- Can Agree To Khula Result in Three Talaqs? – SeekersGuidance
- Is ‘Idda Necessary If Someone Had No Physical Contact with Her Husband and Currently Going through Khul‘?
- How Does One Perform The Prayer Of Need (salat al-haja)? – SeekersGuidance
- Khul‘ Archives – SeekersGuidance
I pray this helps with your question.
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani
Mawlana Ilyas Patel has received traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Presently, he lives in the UK with his wife and is interested in books and gardening.
