The Mahr and the Jewellery Given by the Husband after Divorce

Question

A husband has divorced his wife. Who, according to the Shari‘a, is entitled to the silver or gold jewellery given by the husband that is now in her possession? Second: in the presence of one woman, the wife forgave her husband her mahr for the sake of Allah. Is it forgiven in this case or not?

Answer

If that jewellery was given by the husband to the woman as ownership (tamlik), it belongs to the woman; and if it was given as a loan for use (‘ariyya), it does not belong to the woman but to the husband. If, at the time of giving, nothing was stated explicitly about ownership or loan, then custom and common practice (‘urf)

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.