Fatwa #2702229 September 2013India
To whom do the engagement gifts belong in the case of the engagement breaking?
Question
If the SUITOR breaks off the engagement, to whom does the engagement gifts (ring and jewelry) belong:to the suitor or the fiancée? What is the evidence in the Noble Quran and the Sunnah that proves that the fiancée should return the engagement ring and jewelry to the suitor if he was the reason for breaking the engagement, considering it part of the dowry?
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
In principle, if the breaking of the engagement was from the female’s side then the male’s side is permitted to take back all the engagement gifts they gave, provided that the gifts are still intact.[1]However, if the male’s side was responsible for the breaking of the engagement then they will not be permitted to take back the gifts.[2]
And Allah Ta’āla Knows Best
Muntasir Zaman
Student Darul Iftaa
USA
Checked and Approved by,
Mufti Ebrahim Desai.
References
- فتاوي محمودية 124/12