Please tell me about ownership of the jewellery given to the woman at the time of marriage by the family of the bridegroom? (1) Who will be the owner of the jewellery in case divorce takes place, the x-husband or the divorced woman? The jewelry was given by the father of the x-husband at the time of marriage. (2) There is also one more problem. Before the divorce, the woman’s jewellery was taken and sold by the eldest brother of the x-husband for starting business. At that time, it was promised by that brother that he would buy that jewellery for her when he would start business. Now he is very rich. My question is that if the owner of the jewellery is the divorced woman, then who will return that jewellery, x-husband or that brother who borrowed the jewellery? (3) 4 years have passed but they have not given any thing to the divorced woman. My question is how to get the jewellery from them if the woman is the owner. Please note that there is no written nikahnama or written divorce paper.
Answer
(Fatwa: 410/341/B=1433)
(1) The ruling of jewellery which the bridegroom offers to the bride is governed by custom. Almost throughout India it is a custom that the bride is not made the owner of the jewellery, i.e. it is not gifted to her, rather it is given merely for show. Hence it is said chadhava. Thus in case of divorce the husband shall take them back, as he is the owner of the jewellery. However the jewellery which the bride received from her mother’s side shall be hew own. Also the wife is the owner of dowry and she has the right to demand the full mahr.
(2) The jewelleries which the elder brother took he is responsible for the same which he should return soon, i.e. he should return it to his brother or father.
(3) A divorced woman is entitled to receive her maintenance, full mahr, the jewellery which she received from her mother’s home. Except these things, she is entitled to receive nothing.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband
