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Fatwa CenterCondition of returning the value of the bridal gift in case of breaking the engagement
Question
Is it permissible for the fiancé, in case the fiancée breaks the engagement, to set a condition of returning the value of the bridal gift instead of the gold itself under the pretext that its price when sold will be less than its original price? Is it permissible for him to take back all the expenses of the engagement party?
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
The bridal gold and other gifts given to the fiancée may be considered as presents or part of the dowry. If the fiancé considered them as presents, which become one's own property as soon as one receives them, then he is not permitted to take them back or their value.
If he gave her such things as an advanced portion of the dowry, then he has the right to take them back when the engagement is broken. That is because the dowry only becomes due when the marital contract is conducted. Engagement is not considered a marital contract, so the bridal gold is to be returned to the fiancé unless he gives it up willingly.
If there is no clear intention behind giving such a bridal gift, the situation will be judged according to the prevalent customs. If this is customarily considered a gift, the fiancé has no right to take it back; and if it is considered part of the dowry, the fiancé has the right to take it.
If it is part of the dowry and it is to be given back to the fiancé, then this gold itself and not its value should be returned to him. However, if the fiancée intentionally or unintentionally damaged it, the value becomes due to the man; since damaging someone’s property intentionally or unintentionally is the same in terms of returning the value of the object. The fiancée is not required at all to pay back the expenses of the engagement party.
Allaah Knows best.
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