What is the ruling on the action of a husband who took the jewelry he bought for his wife during their marriage, claiming poverty and his need to build a new family, and cut off water and electricity from the marital home (jointly owned by them) before the 'iddah period to force his wife to leave?
If a husband gifts jewelry to his wife and she takes possession of it, he is not permitted to reclaim it unless his wife voluntarily gives it back to him of her own accord. This is based on the saying of the Messenger of Allah (peace be upon him): "It is not permissible for a man to give a gift or bestow a present and then take it back, except for a father regarding what he gives to his child." If the divorce is revocable, then her accommodation and maintenance are obligatory upon him for the duration of her ' (waiting period). If the dwelling is jointly owned by them and he wishes to expel her from it after the 'iddah and reside in it himself instead of her, he is not permitted to do so except by mutual consent. If she does not agree, then either they must divide the dwelling, or sell it to someone else and divide its price, or one of them buys the share of the other.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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