Husband asking for the mahr back after divorce

Q: Can you please advise me on the following matter: 

A divorce took place approximately 13 years ago. The husband (and his family) are now requesting return of the gold coin which was given to the girl as her mehr when they performed the nikaah. However, in 2021 the house was burgled and the coin together with all other valuables were stolen. 

Questions: 

1. Is the girl now obliged to return the coin if it is in her possession? 

2. Considering that the gold coin has been stolen, is the girl under an obligation to recompense her ex-husband the value of the coin? 

3. If compensation is what she must do, then which value must this compensation be determined, i.e. at current value or the value 14 years ago?

A: Whatever wealth the wife was given by the husband or his family, (e.g. the mahr or any gift, whether at the time of the nikaah or later on during the nikaah), all belongs to the wife. It is not permissible for the husband or the husband's family to take back this wealth from her. Hence, even if the coin was not stolen, it would not be permissible for them to take it back from her.

And Allah Ta'ala (الله تعالى) knows best.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)