[Q 490] Ownership of Gifted Gold After Divorce

QUESTION:

A man and woman get married. In the Nikah, mehr was presented from the Groom to the bride, in the form of monetary value (cash)
As part of Pakistani Culture, gold was also gifted from the groom and his family to the bride, the gold gifted was not a part of the mehr.
A few years later, the couple divorce (3 times). Who has the right over the gifted gold?
Items gifted from the Brides family to the couple (household items) were returned as part of the breakup, other things were also split between the couple.
The Brides family have kept hold of the gold claiming it is their right.
What does shariah say about this situation?

ANSWER:

There is some detail regarding the items given to the spouses at the time of marriage:

The jewelry and items that were given to the woman by her family as dowry are without doubt her personal property, and after divorce, they must be returned to her.
As for the items or jewelry that were given to the woman by the husband’s family, then if they explicitly transferred ownership to her, or if the custom and tradition of the family is such that whatever the husband or his family gives to the bride is intended as a gift and made her property, then in this case as well, it will belong to the woman. In the event of divorce, she will be entitled to those items.

However, if the custom of the family is that the jewelry is only given for use and ownership is retained by the giver, then in that case, it will not belong to the woman, and she will not be entitled to it after divorce.
As for the items given to the husband by the woman’s family, customarily they become the husband’s property, and after divorce they will remain with him. However, if there is a contrary custom in a particular place, such as vehicles or other expensive items being given only for use and with the condition that in case of divorce they must be returned, then those must be returned to the woman.

In Radd al-Muḥtār, ʿAllāmah Shāmī قدس سرہ السامی states:

“كل أحد يعلم أن الجهاز ملك المرأة وأنه إذا طلقها تأخذه كله، وإذا ماتت يورث عنها”

(Radd al-Muḥtār ʿala al-Durr al-Mukhtār, Book of Ṭalāq, Vol. 5, Page 302)

In Fatāwā Raḍawiyyah, it is stated:
“In our lands, based on widespread and common custom, the dowry is considered the exclusive property of the wife, in which the husband has no right. If divorce occurs, she takes it all. If she dies, it will be distributed among her heirs.”

(Fatāwā Raḍawiyyah, Vol. 12, Page 204)

Elsewhere in Fatāwā Raḍawiyyah, it is written:
“The jewelry, utensils, clothes, etc., which were given by the parents to the daughter, all of it is the daughter’s property.”

(Fatāwā Raḍawiyyah, Vol. 26, Page 211)

Regarding the groom’s outfit received from the bride’s side at the time of marriage, Imām Ahl al-Sunnah Shāh Imām Aḥmad Raḍā Khān عليه رحمۃ الرحمٰن states:
“The groom’s outfit that is given from the bride’s side, once it comes into his possession, becomes his property definitively, because people intend a transfer of ownership through it—and this is clear and there is no ambiguity in it.”

(Fatāwā Raḍawiyyah, Vol. 12, Page 204)

Answered by: Mubashir Attari (AskMufti Scholar)
Verified by: Mufti Sajid Attari
Translated answer
Date: 25th November 2025