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Medina83
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Default Question on Divorce/Talaq - 08-31-2007

Salam aleikum

Can someone please provide me with daleel with their answer...

Question:
If a woman requests divorce from her husband and he subsequently divorces her...does she have to return all gifts that he gave her that weren't part of an agreed mahr..such as items of jewellery?

My ex is stating i should return a ring to him (although he is willing to let me keep it as sadaqah) , the ring was not part of or bought from any mahr as I requested a surah from Quran as mahr and nothing else. Is it shariah that I should return it to him?

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syilla
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Default Re: Question on Divorce/Talaq - 01-04-2008

*bump.

i want to know too.

I know if you're engaged and you broke up the engagement you have to give back the gifts...

probably someone can help me on this InshaAllah.
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Janaan
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Default Re: Question on Divorce/Talaq - 01-04-2008

While I'm unsure about the second question, the first question relates not to talaq, but to khula. Google "khula" at the fatwa site of your choice to find out the specifics. At the very basis, the evidence for khula comes from the Prophet (saws):

Narrated Ibn 'Abbas (ra): The wife of Thabit bin Qais came to the Prophet and said, "O Allah's Apostle! I do not blame Thabit for defects in his character or his religion, but I, being a Muslim, dislike to behave in un-Islamic manner (if I remain with him)." On that Allah's Apostle said (to her), "Will you give back the garden which your husband has given you (as Mahr)?" She said, "Yes." Then the Prophet said to Thabit, "O Thabit! Accept your garden, and divorce her once." (Sahih Al-Bukhari)


From this, we return the mahr.
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saj1985
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Default Re: Question on Divorce/Talaq - 01-04-2008

why not try and find a local alima (female islamic scholar)?

should help with the answer to the question you ask
and any other question you have in the future.
   
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