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Does the woman have the right to ask for the ornaments given to her?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
. Also some of ornaments and cash were gifted by people at walimah that all (ornaments) was in her possession. After 2 months she was sent to India for medical treatment, at that time she handed over her all ornaments to mother-in-law as an AMANAT. Divorce took place through arbitrator. Arbitrator asked her father-in-law to return back all her ornaments that you had given to her, that is her right, he agreed and said yes it was her, we will not hold anything, and also arbitrator asked her father-in-law to help her amount (for her security reason as a women), he also agreed for the same. They gave mahr, cloth (our and their side), ornaments (from our side), cash (gifted at walimah and marriage); a help amount in cash.
But now they refuse to return the ornaments what they had given and also told that she had no right to ask for the ornaments. Please give me answer clarifying right of ownership of the said ornaments.

Answer

(Fatwa: 144/97/B=1434)

The jewelleries which the girl received at the time of marriage and before the marriage and at the time of walimah all are gifts for the girl. After they came in her possession she alone became its owner. But the jewelleries which she got from husband after the marriage it depends upon the social customs, if it is given as chadhawa then the husband is its owner and if it is given as gift then the girl shall be the owner. The jewelleries and goods which the girl received from her parents she alone will be its owner. Thus she should be handed over all jewelleries she owns, it is a big embezzlement and injustice not to give it to her. Get this matter resolved with some reasonable persons after showing them this fatwa.

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.

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