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CARIAN SOAL JAWAB AGAMA
Soal jawab agama adalah merupakan perkhidmatan yang disediakan oleh Jabatan Mufti Negeri Selangor bagi menjawab pertanyaan tentang sesuatu isu dan permasalahan yang diajukan oleh pelanggan berkaitan dengan hukum syarak. Setiap soalan dan jawapan yang telah dikemaskini akan dihimpunkan di sini mengikut kategori yang telah ditetapkan untuk dijadikan rujukan dan panduan kepada masyarakat umum.
Kategori Subjek : MUNAKAHAT
Soalan
Appeal/Question
Title: Shariah Ruling of Gold Ornaments (Chadhawa) Ceremonially Borrowed/Weared/Presented for merely use (Lending - عاریۃ) to the Bride on the Occasion of Marriage in Community Rituals and Customs
My name is Anas Chohan. I am a resident of Gazdarabad, Karachi. I belong to Muslim Marwari Silawat Jamaat. My wife Hadiqa Maqsood also belongs to our community and my wife is also a resident of Gazdarabad, Karachi. My wife Hadiqa took a Khula Decree from City Court Karachi on 25th August 2023, without my consent.
In our community Muslim Marwari Silawat Jamaat, it is a tradition that the boy wears gold jewelry for merely use to the girl. The girl is not made the owner of these ornaments, but those ornaments are the property of the boys. In the same way, gold is given to the boy by the girls.
The problem is that my wife Hadiqa has already taken back the gold presented by her family from me, but at the same time, the gold of my mother Nasreen Sadaqat, which is presented to merely use with my wife Hadiqa, is to be returned. It is denied. My wife Hadiqa says that this gold is my gift and my right, whereas we never gifted this gold to my wife, nor did I give this gold to my wife as dowry. (It should be noted that we have no children.)
Now my question is, in the current situation,
Is it legally permissible for my wife Hadiqa bint Maqsood to keep the gold of my mother Nasreen Sadaqat while she has already taken the Khula Decree from the Court?
Is our demand for the return of gold from my wife Hadiqa correct?
Is it right for my wife Hadiqa to refuse to return my mom's gold ornaments when she has also returned her gold?
Also, who is the real rightful heir and owner of our gold jewelry according to the Sharia Law?
Questioner: Anas Chohan (Gazdarabad, Marwari Line, Saddar Town, Karachi South, Pakistan)
Phone Number: +923222203174
Email: anas_chohan@hotmail.com
(This question requires a written fatwa from Dar al-Ifta).
Jawapan
السلام عليكم ورحمة الله وبركاته
الحمد لله رب العالمين والصلاة والسلام على أشرف الأنبياء والمرسلين وعلى آله وأصحابه أجمعين، أما بعد
For informational purposes, gold given by a woman to a man as stated is considered as a hibah or gift. Hibah can be defined as a transfer of ownership of an asset without any return or consideration.
Accordingly, referring to the question raised, the gold given by the man to the woman and that given by the woman to the man is a hibah or gift. Therefore, both parties have the right to keep the gold. Asking back a hibah or a gift that has been given to someone is considered forbidden (haram), according to the hadith of the Prophet Muhammad SAW, narrated by Umar RA:
فَإِنَّ الْعَائِدَ فِي هِبَتِهِ كَالْعَائِدِ فِي قَيْئِهِ
Meaning: A person who withdraws his grant is like a person who swallows back his vomit. (Naratted by al-Bukhari)
Based on this hadith, it clearly shows that asking for gifts that have been given is prohibited as in the book Al-Mu'tamad fi al-Fiqh Al-Syafi'i by Dr. Wahbah Al-Zuhaili:
فالرجوع في القيء حرام، فكذلك الرجوع في الهبة، وأن ذلك مثل السوء الذي يتنافى مع أخلاق المسلم
Meaning: Swallowing vomit is haram. As well as asking back for hibah/gifts that have been given. And indeed it is a bad act and attitude, so it is not the character of a Muslim.
Consequently, this Department considers that the gold that was given cannot be requested again. Any further information regarding the actual ownership of gold based on the law, you can refer to the Ministry of Law and Justice Pakistan.
والله أعلم بالصواب
Jumlah Pelawat : 37
