Thursday, November 23, 2017 - 5 Rabi' al-Awwal 1439
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Is the (shabka) jewelry offered as token of love to the bride returned after she files for divorce?

Is the (shabka) jewelry offered as token of love to the bride returned after she files for divorce?

Answer

It is established in Islamic law that a wife who files for divorce through khul' [divorce initiated by the wife in return for remuneration to her husband] must waive her right to mu`akhar al-sadaq [deferred portion of the mahr i.e. dowry]. This is based on a hadith in which it is narrated that the wife of Thabit Ibn Qays approached the Prophet (peace and blessings be upon him) and said: " 'O Messenger of God! I do not find blame with Thabit Ibn Qays in anything concerning his character or religion, but I do not want to disobey [the teachings of Islam].' The Prophet (peace and blessings be upon him) said, 'Do you agree to return the orchard he gave you as mahr?' 'Yes,' she replied. So the Prophet (peace and blessings be upon her) told Thabit, 'O Thabit! Accept the orchard and divorce her' " [Bukhari]. It is deduced from this hadith that, since the orchard was her mahr and the Prophet (peace and blessings be upon him) asked her to return it, a woman who files for divorce through khul' must similarly return the mahr she received to her husband.

The shabka

According to Egyptian customs that do not contradict Islamic law, the dowry includes the shabka.

The ruling

Based on the above, it is obligatory to return the shabka in the event of divorce through khul' because it is part of the mahr that must be returned according Egyptian customs.

God the Almighty knows best.
 

Related links
» Is it possible to initiate khul' before requesting divorce from my husband?
» Repayment of mahr in case of divorce filed by the wife
» Returning to husband during the idda after khul'
» A woman filing for divorce, what is the procedure?
» What are the rights of a woman who is divorced through khul'?