Who owns the things given at the time of nikah?

Question

(1) Zayd married Ruqayya. Just as people give jewellery to a wife without specifying ownership, in the same way Zayd’s wali and guardians sent some jewellery to Ruqayya, and Ruqayya is using it. Zayd’s guardians did not state anything verbally as to whether they gave the jewellery according to custom, as a loan for use (‘ariya) or as a trust (amana).

Answer

(1 and 2) As for the jewellery that the husband or his wali gave without specifying whether it was given as property or as a loan for use, the custom of the husband’s family will be taken into account; if there is no custom at all, then the intention and words of the giver will be considered. In our custom (‘urf), such things — jewellery and the like — are given as property.

Source: Fatawa Mahmudiyya

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