Is the jewelry (shabka) given by the suitor, and confiscated by the father of the fiancée after the engagement was broken off, considered the property of the fiancée as compensation for the psychological harm she suffered, or does it belong to her father and he has the freedom to dispose of it?

The engagement gift (shabaka) is a present to the fiancée if it is offered on that basis, and it becomes her property as soon as she takes possession of it, and the father has no right to it. However, if it is presented as part of the dowry (sadaq), it is a trust held by her until the marriage contract is concluded. If the engagement is broken, the engagement gift is returned to the suitor. The father has a debt owed by the young man, and the father is permitted to take the engagement gift and deduct its value from the young man's debt; this falls under the issues of "al-Zafar" (gaining possession of one's right). If the father takes the engagement gift for his debt, it becomes his property and he may dispose of it as he wishes, and the wife may not take it without his consent. It is advisable to refer to the Sharia court to resolve the dispute.