What is the religious ruling on the husband's family agreeing with the wife to return the bridal jewelry to the seller after the marriage is completed, and then not fulfilling their promise to purchase it later, knowing that the agreement regarding the jewelry was made in front of both families?
The gold that a husband buys for his wife (the shabaka - engagement/wedding gold) is part of the mahr (dowry). The husband must pay the agreed-upon gold. If he delays payment despite being able to pay, he is an oppressor, and the wife has the right to bring her case before a judge to compel him to fulfill his obligation. However, if he is in financial difficulty, he should be given a grace period. The mahr is a right of the wife, whether paid immediately or deferred, and she has the right to waive it. If the wife agrees with her husband's family that the gold is a temporary loan, with the understanding that the husband will buy her the shabaka later, this is permissible. It remains a debt owed by the husband until he pays it, unless the wife explicitly waives it.
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- Original fatwa ID
- 119221
- Imported
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- Source text, unreviewed
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