Spouses do not have to return wedding gifts after divorce

14-11-2013 | IslamWeb

Question:

Asalaamu Alykum Dear, If a man himself is guilty (proven and accepted) and gives Talakh to wife, What about the gifts (gold and Cash) recieved by the couple from their in-Laws.Does whole of the gifts belong to Divorced wife- Mahr already given by the husband.What is the ruling of Islam.Jazakallahukair.
Answer:

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad sallallaahu `alayhi wa sallam ( may Allaah exalt his mention ) is His slave and Messenger.

Apart from the dowry, it is not permissible to take back any gifts that the husband or his family has given his wife or any gifts that the wife or her family has given the husband; this applies to whether the marriage bond is still ongoing or there is a separation by divorce, regardless of the reason of divorce. The Prophet sallallaahu `alayhi wa sallam ( may Allaah exalt his mention ) said: “It is not permissible for anyone to give a gift and take it back except what a parent gives his child...” [At-Tirmithi]

Allaah Knows best.

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