ASLK ,My brother divorced his wife some 2 years ago because his Wife Committed a Zina (illicit relationship. The local Kazi issued a Fatwa stating that husband returns back the meher, gifts and also the ruling said that the elder son who is 8 years old to stay with father and the daughter who is 6 years old to be with mother. But my brother refused this fatwa, but as per shariaah he returned back the meher (land worth around 5 lakhs) but he refused to give his daughter as well the jewel which he gifted to his wife. He said that he will give his jewels to his daugher and also said that he will not allow his daughter to grow in an atmosphere where his wife and her family character , morality is not good and conducive for child’s growth. Which i feel he is 100% correct. Could you please advise me on this matter? Allah hafiz
Answer
(Fatwa: 285/83=TL/1430)
The decision made by the Qazi was alright according to Shariah. As far as the jewels are concerned, if your brother gave in her possession as gift then it should be returned back to her, but if it was given just for use, then it is not necessary to give it back to her, he can give it to his daughter. Also, as for keeping the daughter with her, according to Fiqh, she will remain with her mother till 9 of her age or, according to another opinion, till she comes of her age. Yes, if it is feared that she will develop bad morals definitely in the company of her mother, then your brother can keep his daughter with him.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband