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Taking back gifts after a divorce

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: My husband has issued me with 2 talaaqs. I am currently at my parents house in iddat, as we have not reconciled. My husband is demanding that I return all the gold to him (some were given as mahr and this is documented on the marriage certificate, some was gifted to me by my husband during the duration of our marriage and some he has gifted to my daughter). I have paid zakaah on this gold over the years. Who is the rightful owner of the gold?

Bismillaah

A: If it was given as mahr or as a gift then it is yours. It is haraam for him to demand that this be returned.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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