The Husband Taking Back Jewellery from the Wife

Question

The adult Hinda was married, with her consent, to the minor Zayd. Hinda used to come and go to Zayd’s house. After some time Hinda broke off relations with Zayd, who was a minor, flatly refused, saying, “I do not want to go to Zayd’s house,” and began living with ‘Umar. Zayd made considerable efforts to get his wife Hinda back, but Hinda also refused, and ‘Umar said, “I will not give up Hinda, but I can give some money.

Answer

He has the right to take back either an amount equal to the value of the jewellery he gave Hinda, or that jewellery itself — whether Hinda gives it or ‘Umar on her behalf. Keeping Hinda with ‘Umar in an unlawful manner is haram. Let the two conclude a nikah in accordance with the Shari‘a and live together.

Source: Fatawa Mahmudiyya

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