Social Matters >> Nikah (Marriage)

Question # : 49649

New Zealand

Few years back my husband was in financial crisis, so I gave him my mahr money (50000) plus some personal saving (50000) on loan. He promised to return when he has money. Now after he is financially sound and able to return 1) should I ask him to return my money or should I let it go (in good faith) as he had spent for us as a family. (2) I received 2 sets of gold from my husband side and 2 sets of gold from my side at the time of nikah. Sometimes I and sometimes my husband pays zakah for all this gold. Who is the owner of this gold; me, my husband or both of us?

Answer : 49649

Published on: Dec 16, 2013

بسم الله الرحمن الرحيم


(Fatwa: 166/129/D=02/1435)

You may take back the amount which you gave to your husband as debt, there is no wrong if you take it back. However, it is better if you gift him the entire amount or some part of it.
(2) The jewelries you got from your family are yours and you will have to pay its zakah, not your husband. However, if he pays its zakah with mutual consent, then it will be paid. As far as the two sets of gold are concerned which you received from your husband, so if he gave you as gift or there is tradition of gifting in his family, then you are the owner and you shall pay their zakah. But if they have lent you the jewels only for use or it is the tradition in the family, then your husband will be the owner and he will have to pay their zakah.

Allah knows Best!


Darul Ifta,
Darul Uloom Deoband

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