taking back a gift

Demanding the return of a gift

Q: A relative gave me money and said that it's a gift. I did not want to accept the gift, but was forced to do so because the relative was really persistent. A few months after I accepted the gift, the relative began phoning and demanding the money back. What should I do as I no longer have the money?

Husband refusing to give wife her possessions after divorce

Q: Currently my husband and I are separated after domestic violence and assault. I did leave myself after the physical abuse. I have now requested a faskh-e-nikah from Jamiatul Ulema. I have a 3 year old daughter.

1. I understand after the divorce, that shariah gives me custody until age 9/10 provided I do not remarry. What would be a fair amount of visitation/sleep over, with her best interest in mind in accordance with shariah for my husband with regard to our daughter considering her best interest with regard to her age and that I'm staying 400km from his home.

2. When we got married my husband agreed on giving me an allowance each month. Over the last several months he stopped giving me this allowance and he said he's saving it for me. Now he refuses to give me the R55000 that I had saved with him prior to the seperation.

a. Am I entitled to this money?

b. In the 5 month separation and iddah period that will inshallah soon follow, am I entitled to receive this allowance? He has not paid any maintenance in this separation period so far except for paying my medical aid.

3. He refuses to return my jewellery that was given to me from him and his family on engagement and nikah. He says it will stay with my daughter because it has to remain in the family. He also refuses to return any clothing or any other items (laptop etc) he purchased for me and that I purchased with my allowance over the 5 years. Is he allowed to refuse returning of my things even though I have taken ownership of theses things.

Taking back gifts after a divorce

Q: My husband has issued me with 2 talaaqs. I am currently at my parents house in iddat, as we have not reconciled. My husband is demanding that I return all the gold to him (some were given as mahr and this is documented on the marriage certificate, some was gifted to me by my husband during the duration of our marriage and some he has gifted to my daughter). I have paid zakaah on this gold over the years. Who is the rightful owner of the gold?

Husband taking back jewellery that was given to the wife

Q: I wanted to ask that my husband divorced me after my mother in law passed. I have a baby girl in this marriage. My sister in law and my husband took away whatever jewellery my mother in law gave me at my wedding. I have a two and a half year old baby girl. Please tell me if it is right in Islam to give something and take it back because at the time my mother in law gave me the jewellery she said it's yours. The jewellery was with me in my cupboard since the day I got married and when I went to take my belongings from my husbands house, they asked me to give me whatever gold jewellery my mother in law gave me because my husband said that if I don't give the gold jewellery, he will not give me a single rupee for my baby's expenses.

Waalid ko dee huwi jaidaad ko waapis lena

Q: Walid ne apni zindagi main jaidaad sy ek property apne 3 beto mai sy 1 ko dy di or baqi 2 beto ko bhi barabar taqseem kr dya. lekin baad main walid sahab ab keh rhy hain ek bete sy jo property di thi wo wapas do apni marzi sy dobara taqseem karenge, jab ke property apni zabani bhi keh chuky thy or documents bhi bete ke naam kr dye thy, ab bete ke apne biwi bachy bhi hain kia un ka haq maary? kia qanooni ya shara'i kisi bhi tareeqe sy baap wapis apni jaydaad lene ka haqdaar hoga?baraay mehrbani rehnumai farmaye.

Is it necessary to return money that was given as a gift?

Q: Me and my older sister have had a big fall out recently. She then sent me a message through a family member that she wants back £1000 she gave me 13-15 years ago. I have absolutely no recollection of this. She doesn't believe I don't remember it. At that time I was at university and she claims she helped me out by giving me this money and I was supposed to return it. My question is why didn't she ever mention it to me before or tell another family member. She is claiming if I don't pay it back she will hold me responsible on day of judgement. Please where do I stand? If she can produce a copy of a cheque that old drawn out to me where do I stand?

Taking back a gift

Q: I am a bit confused in regards to a matter, the issue is upon the death of my mum, my aunt asked for her Islamic clothes as a memoir but I gave it to her so that when my aunt wears my mum's clothes and prays in it, Isaal-e-Sawaab might go to my mum but it's unfortunate that I have never seen my aunt not once pray in those clothes. My wish was to take my mum to hajj but since she is no longer with me I wish to ask those clothes back from my aunt and wear it when I perform hajj. Now I know taking back gift is not a great idea but if I wear the clothes of my mum it will feel like she is with me when I am performing hajj. Can you please advise me if I should ask back the clothes which I bought for my mum and gave it to my aunt, in return I will buy her brand new clothes?