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I am Asghar Ali and I got married 2 years back. Now I have a daughter who is 1 year old. My wife has applied for Khula in Jamat (Mosque) 6 months back and she has made the allegation that I have illegal relationship with my sister-in-law (brother’s wife) and I do not have love and affection with my wife and I tortured and harassed her in this 2 years of marriage life. All the allegations are false and baseless. Jamat (mosque) members had discussion on this topic 3 times in this 6 months time frame. They investigated everything and they found all the allegations are false and baseless. They tried convincing my wife however, my wife was not ready for that. In marriage we have given 16 grams worth of gold as mahr and around 250 grams worth gold of jewels to my wife. Those jewels were given to my wife to keep our family reputation in marriage. I need those jewels to give it to the girl who is going to part of my life after this. Can I ask back those jewels from my wife at the time of khula?

Answered according to Hanafi Fiqh by Darulifta-Deoband.com
I am Asghar Ali and I got married 2 years back. Now I have a daughter who is 1 year old. My wife has applied for Khula in Jamat (Mosque) 6 months back and she has made the allegation that I have illegal relationship with my sister-in-law (brother’s wife) and I do not have love and affection with my wife and I tortured and harassed her in this 2 years of marriage life. All the allegations are false and baseless. Jamat (mosque) members had discussion on this topic 3 times in this 6 months time frame. They investigated everything and they found all the allegations are false and baseless. They tried convincing my wife however, my wife was not ready for that. In marriage we have given 16 grams worth of gold as mahr and around 250 grams worth gold of jewels to my wife. Those jewels were given to my wife to keep our family reputation in marriage. I need those jewels to give it to the girl who is going to part of my life after this. Can I ask back those jewels from my wife at the time of khula?

Answer

(Fatwa: 20/13/N=1433)

If the wife is not right in taking khula then it is lawful for the husband to take back the mahr. If the detail mentioned in the question is correct, then at the time of khula it shall be lawful and correct to demand the mahr without any karahah.
قال فى الدر (مع الرد كتاب الطلاق باب الخلع 5 : 95) : وإن نشزت لا اهـ ”
As far as the matter of 250 gm gold is concerned, the Shariah ruling about it is that if you have given these jewelleries for the purpose of use or gave as gift before nikah then it is right to demand it. However, in the latter case this demand for return is makrooh tahrimi. And if you gave them after nikah as gift then it is not right to demand for the same:
قال النبي صلى الله عليه وسلم : العارية مؤداة رواه الترمذي في سننه (أبواب البيوع باب ما جاء أن العارية مؤداة 1: 239 رقم الحديث 1265) ، وقال فى الدر (مع الرد كتاب الهبة باب الرجوع فى الهبة 8: 504 ، 512) : صح الرجوع فيها بعد القبض … مع انتفاء مانعه وإن كره … تحريماً …. ويمنع الرجوع فيها حروف دمع خزقة … والزاي : الزوجية وقت الهبة فلو وهب لامرأة ثم نكحها رجع ولو وهب لامرأته لا اهـ

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

Find more answers indexed from: Darulifta-Deoband.com

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