Is It Permissible to Request Back Gifted Heirlooms from My Divorced Wife?
Hanafi Fiqh
Answered by Mawlana Ilyas Patel
Question
I am divorcing my wife due to serious misconduct. During the wedding, she was given gold heirlooms from my late father and grandmother. I know it is not allowed to take back gifts, and I am not asking for the mahr. But since these items are family heirlooms, is it permissible to politely request them back, without insisting if she refuses?
Answer
I pray you are in good faith and health. Thank you for your question.
Yes, as you mentioned, since they were given as gifts to own, she does not have to return them. However, since they are sentimental to you, you may politely request them back, and she does not have to accept.
If the groom’s family explicitly declares, at the time of giving, that the gifts are being given for the bride to own (tamlikan), then they will remain in her ownership, and as such, she does not have to return them upon divorce.
[Ibn ‘Abidin, Radd al-Muhtar]
I would like you to read the valuable answers and links below. In sha Allah, you will receive guidance and direction.
Related
- Can I Take Back or Change a Gift I Have Already Given?
- What Are A Woman’s Rights Over Mahr And Gifts Post-Divorce?
- Who is The Rightful Owner of Gold Jewelry Upon Divorce?
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I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani
Mawlana Ilyas Patel has received a 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.
