Ruling on the goods of dowry (Jahez)

Darulifta Ahlesunnat

(Dawateislami)

Question

What do the scholars of Islam say regarding the following matter:

One of my kin has got divorced. She has two types of goods; one type (furniture, clothes, jewellery etc) that was given to her by her parents, and the other type of goods (clothes, jewellery, etc.) that was given to her by her husband and his parents. Please provide Shar’i guidance on which goods belong to the woman and which goods belong to husband

Questioner:Ghulam Dastageer (Khanqah Chowk, Markaz-ul-Awliya Lahore)

بِسْمِ اللہِ الرَّحْمٰنِ الرَّحِیْمِ

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

The goods that the woman received as dowry[Jahez] from her parents belong solely to her. No one has any right over it. However, there are three cases for the goods and jewellery given to a woman from her husband or his family members: (1) The husband or his family members clearly made the woman the owner of the goods and jewellery when giving the possession thereof. (2) The husband or his family members, when giving the goods and jewellery to the woman, made it clear that they are only for temporary use. (3) The husband or the family members didn’t say anything when giving the goods.

In the first condition she is the owner of the goods and jewellery because these were gifted to her; and so all of it will be given to her. In the second condition the one who gave it is the owner and he can take it back. In the third condition the custom of husband’s family will be considered; it will be given to the woman if it is their custom to make the woman the owner of it, otherwise she is not entitled to it and it can be taken back from her.

وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَرَسُوْلُہ اَعْلَم صَلَّی اللّٰہُ تَعَالٰی عَلَیْہِ وَاٰلِہٖ وَسَلَّم

Answered by:Mufti Muhammad Hashim Khan Attari