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Are we entitled to claim the value of the gold necklace (66 grams) that was stolen from the fiancée during the engagement, knowing that the engagement was broken off at the wish of the girl and her guardian?

1 min readAlso available in العربية

The [gold] jewelry (al-shabaka) is part of the dowry (mahr), and the suitor has the right to reclaim it upon the annulment of the engagement. If a part of it is stolen, he has the right to demand its value, because the woman does not own the dowry before the marriage contract (aqd). If the necklace is lost due to the woman's negligence, she is liable for it. And if it is lost without negligence, the preponderant opinion according to us is that she is still liable. However, pardoning this and waiving the right for the fiancée is more appropriate and better, based on the words of Allah Almighty: "And that you pardon is nearer to righteousness. And do not forget graciousness between you. Indeed, Allah is Seeing of what you do." (Quran 2:237).

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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